Terms of Service

Welcome to Scriptybooks! These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and SCRIPTYBOOKS LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the scriptybooks.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Agreement to Terms

By using our Service, you confirm that you accept these Terms of Service and that you agree to comply with them. This agreement is effective as of the date you first use or access the Service. We may make changes to these Terms at any time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service.

2. The Service: Purchase, License, and Delivery

2.1. Nature of the Service

The Service provides a platform for you to purchase a license to digital language-learning content, which is delivered as a downloadable package of files (the “Content Bundle”). You acknowledge and agree that the Service is a time-limited download delivery platform, not a perpetual streaming or data hosting service.

2.2. Complimentary Streaming Service

Any streaming of licensed content via our website or mobile applications is offered by the Company at will, as a complimentary service for customers to access their purchased content. This streaming service is not a guaranteed part of your purchase and may be modified or discontinued at the sole discretion of the Company at any time, without notice. The core of your purchase is the right to download the Content Bundle.

2.3. License Grant

Upon successful payment for a Content Bundle, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the purchased Content Bundle for your personal, non-commercial use, subject to these Terms.

2.4. Delivery and Download Period

Following your purchase, the Company will make the Content Bundle available to you for download. This download will be available for a period of ninety (90) days from the date of purchase (the “Download Period”).

2.5. User’s Responsibility to Download and Back Up

You are solely responsible for downloading your purchased Content Bundle within the Download Period. You are also solely responsible for the subsequent security and backup of your downloaded files. The Company has no obligation to make the Content Bundle available for download after the Download Period has expired and is not responsible for lost, damaged, or deleted files after they have been downloaded by you.

2.6. Right of Withdrawal

For users in the European Union, you have a right to withdraw from a purchase within 14 days. However, you hereby expressly consent to the immediate delivery of the digital content and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.

3. Intellectual Property Rights

Unless otherwise indicated, the Service and all content therein, including the Content Bundles, source code, databases, functionality, software, audio, text, and graphics (collectively, the “Content”) are our proprietary property, protected by copyright and trademark laws.

Each Content Bundle you download is digitally watermarked and traceable to your user account. This is a security measure to discourage unauthorized sharing.

4. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to:

• Resell, distribute, publicly perform, or sublicense any Content Bundle or part of the Service.
• Use the Service in any way that is unlawful, fraudulent, or harmful.
• Attempt to bypass any measures of the Service designed to prevent or restrict access, including the digital watermarking.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or any data mining, robots, or similar data gathering and extraction tools.

5. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Service. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses) to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service.

6. Governing Law and Dispute Resolution

6.1. Governing Law

These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the State of Utah, United States of America, applicable to agreements made and to be entirely performed within the State of Utah, without regard to its conflict of law principles.

6.2. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, will be determined by binding arbitration in Salt Lake City, Utah, rather than in court.

6.3. Class Action Waiver

You and the Company agree that any arbitration will be limited to the dispute between the Company and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

6.4. Exception for European Union Consumers

If you are a consumer based in the European Union, the provisions of this Section 6 shall not deprive you of any mandatory consumer protection rights you have under the law of your country of residence. You may bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of your country of residence.

7. Disclaimers and Limitation of Liability

7.1. Disclaimer

The Service is provided on an as-is and as-available basis. You agree that your use of the Service is at your sole risk. We make no warranties or representations about the accuracy or completeness of the Service's content. We expressly disclaim that the use of the Service will result in you passing any language examination or achieving any specific level of proficiency.

7.2. Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

8. User Data and Privacy

We care about data privacy and security. Your use of the Service is also governed by our Privacy Policy, which will be made available on our website. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.

9. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

9.1. Controlling Language

These Terms have been translated from English into other languages for your convenience. In the event of any conflict or discrepancy between the English version and a translated version, the English version shall prevail.