Newry Terms and Conditions of Use

This document (the "Agreement") is a legally binding agreement between you and Newry Global Media S.L., a company registered in Spain, in the Mercantile Registry of Madrid, Volume 37.773, Book 0, folio 11, section 8, page M 672903, inscription 1, entry ("Newry") that governs your use of the 24symbols web platforms and all native web applications, including but not limited to, iOS and Android apps, as defined in Section 3 ("24symbols"). 24symbols can be accessed by users in two different ways: as a free service where users do not have to pay (the "Free Service"), with a catalog containing free access and limited access books and where the user needs to be constantly connected to the internet; and as an ad-free service, where users become subscribers either by paying for a monthly subscription, or by activating a promotional or gift code (the "Premium Service"), gaining full access to our Premium book catalog in accordance with Section 5 (Premium Service Regulations) which contains more titles than those available in the free access catalog and where users will be able to listen to a limited number of audiobooks per month in accordance with Section 6 (Audiobooks). This service also includes additional features such as offline mode reading and social reading capabilities in accordance with Section 7 (Offline Reading) and Section 11 (Social Capabilities of 24symbols).

The Free Service and the Premium Service will be referred throughout this document as the "24symbols Service". You must read and agree to the terms and conditions of this Agreement before you use 24symbols or the 24symbols Service. If you do not agree with the terms and conditions of the Agreement, you cannot use 24symbols or the 24symbols Service.

1. Contract

By pressing any of the “Create Account” buttons when creating a 24symbols account, or by using 24symbols or the 24symbols Service, you confirm that you are 18 years of age or more, that you are 16 years of age or more or that you have received your parent’s or guardian’s consent to enter into this Agreement, that any registration information that you submit to 24symbols is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the 24symbols Privacy Policy. You also hereby agree to termination of any previous 24symbols Terms and Conditions agreed with Newry.

2. Changes to the End-user License Agreement

Newry might need to make changes to this Agreement in the future, and at any time. Any material changes will be communicated to you and your acceptance of and / or continued use of 24symbols or the 24symbols Service after such notification of changes to this Agreement will constitute your acceptance of such changes.

3. License Grant

You are granted a limited, non-exclusive, revocable license to make personal, non-commercial use of 24symbols (including a right to download the 24symbols’s native web applications mentioned at the beginning of this contract) and the 24symbols Service and to consume the books made available through the 24symbols Service; this reception can be via constant connection to the Internet or, for users subscribed to the Premium Service, via offline reading achieved through synchronization of book content between the 24symbols native applications, and the 24symbols servers. You do not have a right to transfer or sublicense your rights under this Agreement.

4. 24symbols Premium Service

If you agree to pay the fee to access the 24symbols Premium Service, such fee will be charged by the company designated by Newry in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of that card. All prices stated on the 24symbols Website include VAT (where applicable) and other applicable taxes and fees.

If you agree to pay the fee to access the 24symbols Premium Service making use of a promotion, the conditions and terms of use, and the billing conditions will depend on the specific conditions of the promotion described at the moment of your subscription.

If you signed up for 24symbols using your account with a third party as a Payment Method, for example (but not limited to) mobile carrier companies, and Direct Carrier Billing, once you accept the billing through your phone number, you authorize the purchase and the ownership of that phone line.

All prices published in our web site include VAT and other taxes (when applicable). Once you accept the subscription for 24symbols’ Premium membership, by completing your credit card payment, by accepting the purchase on Google Play or Apple Store, or by acquiring a promotional or gift code, you authorize Newry to charge you for the Premium service of the following month through your selected payment method. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or content not consumed.

5. Premium Service Regulations

Subscribed users have access to the complete catalog, as long as they comply with a fair and responsible reading behaviour. This excludes the possibility of an exceptionally high consumption of books during the subscription period. The small percentage of users that exceeds the usual reading behaviour will be warned before any action is taken. If this warning is ignored, 24symbols withholds the right to block or limit content available to the user until the end of the current subscription period.

In addition to the ebook catalog, subscribed users can listen to a limited amount of audiobooks per month which will be specified during the subscription process. For more details, see Section 6 (Audiobooks).

24symbols may create campaigns for marketing purposes where users may gain limited or unlimited access to the Premium Service. If specific limitations apply, these will be specified during the subscription process.

Free users will be able to preview the first pages of any of the books available in the Premium Catalog, but once they reach an initial threshold (for example, the initial 10% of the book), the system will display an informative message; in the case of audiobooks, all users will be able to listen to the sample, but once the initial sample finishes, the reproduction will stop and the system will also display the informative message. The message will show an invitation to join the Premium membership.

6. Audiobooks

The limited number of audiobooks included per month in your Premium subscription are only available using web browsers on personal computers. Audiobooks are not yet available on our native mobile applications, nor on mobile web browsers.

Premium subscribers will be able to listen to the sample of all audiobooks available in the Premium Catalog, but once the initial sample finishes, the reproduction will stop and the system will display an informative message and ask the user whether or not she wishes to choose the current audiobook as one of the selected audiobooks for the month. Upon accepting the selection, the audiobook will count as one of the audiobooks in the subscribers’ monthly allocation (and therefore the audiobooks per month quota will decrease in one), and the user will be able to continue listening without further interruptions. If, on the contrary, the user does not want to select the audiobook, or does not want to finish listening to it, it suffices with not confirming the selection as an audiobook of the month. These users will not be allowed to continue listening to the audiobook after the sample has finished.

Once the monthly book quota of selected audiobooks has been reached, Premium subscribers will have to wait for the next month to select additional audiobooks for listening. The audiobooks confirmed as selected audiobooks of the month in previous periods will continue to be available as long as the 24symbols Premium Service subscription remains active. If during one month, the subscriber does not fulfill her available audiobook quota, the amount of available audiobooks will not increase in her following quotas: at the beginning of the next month the amount of available audiobooks will reset to the original values.

The time period for the audiobook quota is defined depending on the beginning date of your Premium membership (the date upon accepting the payment for your subscription of the Premium service, or when you redeem a promotional or gift code), the system will calculate one month in the future to set the time period for your current audiobook quota. Every time you select an audiobook, as one of your audiobooks per month, the system will run a verification process to check whether you have exceeded your monthly quota during this period.

7. Offline Reading

The Premium Service requires the temporary download of content that is kept encrypted in the user's reading devices in order to be locally consumed as long as the user maintains a Premium Service subscription.

The offline reading functionality is only available from our native mobile applications. Currently offline reading is not yet available from our web or mobile-web versions of 24symbols.

In any case, you are not granted any type of ownership of this content, as the relationship with you is the one between a user and the 24symbols Service. That is, the license granted in Section 3 still stands on the downloaded content.

8. Recall of Content

Newry offers content which copyright belongs to Business Partners (e.g. Publishers). Business Partners have the right to recall their content with a well-defined warning notice to Newry, as determined by the contract signed between Newry and the Business Partner. When content is to be recalled, Newry will do its best to warn users about this situation as soon as possible, and specially to those who have the content in their bookshelves, or are currently reading it, but cannot prevent it from happening.

9. Prices

Newry may change the price for the 24symbols Premium Service from time to time. Any price change will take effect for a current Premium Service user after the current subscription period has expired (that is, the term that you have already paid for). If you do not wish to be bound by such changed price relating to your 24symbols Premium Service you may terminate your subscription of your 24symbols Premium Service in accordance with Section 15 (Term and termination). Your continued use of the 24symbols Premium Service more than 10 days after your first payment posterior to the price change constitutes an acceptance of such new price.

10. Automatic subscription renewal

Your subscription to the 24symbols Premium Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 15 (Term and termination). Such renewal will be by the same term of your last subscription (e.g. if you subscribed for six months, the renewal will be for another six months). If you would like to renew for a different term, then please log into your account on the 24symbols Website to see available options. At the time of renewal the payment method you have designated to be charged for the purchase of the 24symbols Premium Service will automatically be charged with the applicable amount.

Unless you cancel your Premium subscription before your next billing date, you authorize us to charge you for the next period’s membership fee (for example, one month to your payment method. For periodical (for example monthly) subscriptions, the membership fee for the 24symbols service will be charged on a periodic basis (for example monthly) to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Subscription” option from the user’s menu to see your next payment date.

11. Effective Cancelation of the Subscription

You can cancel your 24symbols Premium membership subscription at any moment by clicking in the button "Cancel subscription" in your subscription page. The cancellation will have effect once the remaining period of your last payment has come to an end. Of course you will still be able to enjoy all the Premium advantages until the end of the period you signed up for.

The cancelation of your subscription will be effective only when you have followed the steps described before and the system shows the message "The subscription was successfully cancelled", or similar, showing the date and time corresponding to the end of your subscription, in the time zone of your current (IP) connection.

Request for cancelations through emails will not be considered as effective cancelations. However, you can ask for help by writing to the email address: support@24symbols.com in case you have any difficulties canceling your subscription by yourself.

12. Cancelation of Subscription on the last Renewal Date

If you unsubscribe the same day your Premium membership renewal is required, you must consider that your cancellation may become effective after your subscription has been renewed; due to the fact that the renewal process is executed automatically and is independent of the cancellation process, as indicated in clause 10. (Automatic subscription renewal).

To avoid undesired renewal charges, you should make sure to successfully unsubscribe before the date and hour set for your 24symbols subscription renewal. You can find the details of your Premium membership, including payment date and time for your next renewal in "Subscription" in your user’s menu.

24symbols, will not take responsibility for renewal charges made before your subscription cancellation.

13. Social Capabilities of 24symbols

24symbols has features that allow you to make your profile publicly available, share links to books and book passages with other users of the 24symbols Service and integrate your activities on the 24symbols Service with functionality offered by third party social networking services, such as, but not limited to, Facebook and Twitter (“Social Reading in 24symbols”). Some of these features are only available from a PC desktop version, and others are available as well from our native mobile apps. You may choose whether to use the features of Social Reading in 24symbols or not.

Every user in 24symbols has three bookshelves that are automatically populated according to her reading behavior: "Reading", "Read" and "Favorites". These bookshelves are public by default, but you may choose to make yours private if you prefer so. You can find and change the settings of these and any of your other bookshelves in your personal library page in 24symbols.

If you use Social Reading in 24symbols, you must respect other users of the 24symbols Service in your interactions with them. 24symbols reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behaviour will result in your account being terminated and you being blocked from accessing the 24symbols Service. Some examples of unacceptable behaviour include, but are not limited to:

1. giving your public bookshelves offensive, abusive, defamatory, pornographic or obscene titles;

2. harassing or harshly offending other users; or

3. spamming other users through the inbox, or using automated means to artificially promote content

14. Restrictions of use

You agree to take all reasonable care to prevent unauthorized use of 24symbols and the 24symbols Service and its content. In addition, you agree that you may not:

1. copy, reproduce, "screen scrap", store, make available to the public or otherwise use any part of 24symbols or the 24symbols Service or its content (including, but not limited to images, text and audio) in a manner not expressly permitted under this Agreement;

2. resell any code used to access the 24symbols Premium Service;

3. provide your password to any other person or use any other person’s user name and password;

4. reverse-engineer, decompile, disassemble, modify or create derivative works based on 24symbols or the 24symbols Service or any part thereof;

5. circumvent any technology used by 24symbols, its licensors, or any third party to protect content accessible through 24symbols and the 24symbols Service;

6. rent or lease any part of 24symbols or the 24symbols Service;

7. use 24symbols or the 24symbols Service in a way that violates the terms of this Agreement;

8. circumvent any territorial restrictions applied by 24symbols; and

9. artificially increase read or share count, or otherwise manipulate 24symbols or the 24symbols Service by using a script or other automated process

15. Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that

1. Newry and its business partners have a right to provide advertising and other information to you in relation to 24symbols and the 24symbols Service, and that

2. Newry has a right to allow 24symbols and the 24symbols Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features between 24symbols and you.

16. Customer support

If you have any questions concerning 24symbols, the 24symbols Service or this Agreement, please contact customer service by sending an electronic mail to support@24symbols.com.

17. Term and termination

This Agreement will become effective in relation to you when you press any of the “Create Account” or "Enter" buttons when creating a 24symbols account, or by using 24symbols or the 24symbols Service and will remain effective until terminated by you or Newry.

You may cancel your subscription of the 24symbols Premium Service at any time going to your subscription page and clicking on the “Cancel Subscription” button. This termination shall have effect at the expiry of the then-current subscription period that you have already paid for (for example, one month), and you will continue to have access to the Premium membership through the end of your current billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or content not consumed.

Newry reserves the right to terminate this Agreement or suspend your 24symbols account at any time in case of unauthorised, or suspected unauthorised use of 24symbols and the 24symbols Service whether in contravention of this Agreement or otherwise. If Newry terminates this Agreement, or suspends your 24symbols account for any of the reasons set out in this section, Newry shall have no liability or responsibility to you, and Newry will not refund any amounts that you have previously paid.

If you signed up for 24symbols using your account with a third party as a Payment Method and wish to cancel your 24symbols’ Premium membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the 24symbols service through that third party. You may also find billing information about your 24symbols membership by visiting your account with the applicable third party.

18. No warranty

The use of 24symbols and the 24symbols Service (including but not limited to its content) is at your own risk. 24symbols and the 24symbols Service is provided on an "as is" and "as available" basis. To the fullest extent possible under applicable law, Newry gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of 24symbols or the 24symbols Service. In addition, Newry does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through 24symbols or the 24symbols Service or any hyperlinked website (including those websites hyperlinked in the Purchase Service), or featured in any banner or other advertising. Consequently Newry will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the 24symbols Service including those transactions related to the Purchase Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Newry shall create any warranty on behalf of Newry in this regard.

19. Limitation of liability

In no event shall Newry, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use 24symbols or the 24symbols Service (including but not limited to its content), even if you have advised Newry about the possibility of such loss, and including any damages resulting therefrom.

Your only right with respect to any problems or dissatisfaction with 24symbols and the 24symbols Service is to uninstall 24symbols and to stop using the 24symbols Service.

20. Indemnity

You agree to indemnify and hold Newry and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

21. Intellectual property

Newry respects intellectual property rights, and expects you to do the same. Please note therefore that 24symbols, the 24symbols Service and the content provided through the 24symbols Service is the property of Newry or Newry's licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use 24symbols or the 24symbols Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the 24symbols service. This means that, for instance, you may not copy any content from 24symbols or the 24symbols Service except under the cases accepted in Agreement.

Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through 24symbols or the 24symbols Service.

22. Technology limitations and modifications

Newry will make reasonable efforts to keep 24symbols and the 24symbols Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Newry reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of 24symbols and the 24symbols Service with or without notice.

23. Privacy

You agree that Newry has a right to collect and process your personal information in accordance with the 24symbols Privacy Policy.

24. Assignment by Newry

Newry may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

25. Entire agreement

This Agreement together with the 24symbols Privacy Policy (the "Agreements") constitutes all the terms and conditions agreed upon between you and Newry and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to Newry are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Newry not contained in this Agreement.

26. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

27. Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the country of Spain. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to the Spanish Courts in Madrid.

28. English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.