Scribd Paid Access End User License Agreement

Scribd Paid Access End User License Agreement

PLEASE READ THIS PAID ACCESS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE PURCHASING, DOWNLOADING, OR ACCESSING SCRIBD COMMERCIAL CONTENT.

IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PURCHASE, DOWNLOAD, OR ACCESS SCRIBD COMMERCIAL CONTENT.

  1. Other terms incorporated. The following additional Scribd terms, policies, and guidelines are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:

    1. Scribd Privacy Policy
    2. Scribd Terms of Use

    Please note that, unless we define a term in this Agreement, all capitalized terms used in this Agreement have the meaning given in our Terms of Use and Privacy Policy.

  2. Options for Paid Access. Scribd provides You with access to eBooks, audiobooks and documents from participating publishers and Users (“Scribd Commercial Content”) in one of two ways – either by Direct Purchase or by Membership.

    1. Direct Purchases. In the case of Direct Purchases, Scribd, 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 Scribd Commercial Content for Your personal reference and informational purposes.  Additional terms and conditions (i.e., additional usage limitations) may apply to Your access to Scribd 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 Scribd Commercial Content unless the such terms are provided with the Scribd Commercial Content you have selected for Direct Purchase.
    2. Memberships. In the case of Membership, Scribd, and the participating publishers or Users, grant You a limited, nonexclusive, nontransferable, revocable and personal license to access and use all Scribd Commercial Content available under Your Membership for Your personal reference and informational purposes.

  3. Restrictions.  Regardless of which access option You have selected (Direct Purchase or Membership) Your access to and use of the Scribd Commercial Content is subject to the following restrictions:

    1. Scribd Commercial Content is provided for Your personal non-commercial use only; 
    2. No commercial or promotional use rights are granted in any Scribd Commercial Content; 
    3. You may not sell, distribute, or display any Scribd Commercial Content other than for personal use; 
    4. You may not share, lend, or rent copies of Scribd Commercial Content;
    5. You may not disable or circumvent DRM supplied with Scribd Commercial Content; 
    6. You may not exceed usage limitations set by content providers (participating publisher or User);
    7. You may not make copies of all or any portion of any Scribd Commercial Content;
    8. You are prohibited from making any public display or public performance of Scribd Commercial Content, or sharing accounts that allow access to Scribd Commercial Content; and
    9. The ability to print/copy/paste and/or download may be restricted by the participating publisher or User who submitted the Scribd Commercial Content

    In addition to the foregoing, if You have obtained access to Scribd 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 Scribd Commercial Content if Your Membership is cancelled, allowed to lapse, or terminated for non-payment.

  4. Payments and Billing  

    1. 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).

    2. If You elect to purchase an annual or monthly Membership, You will be charged the annual or monthly Membership fee (“Membership Fee”) at the beginning of the paying portion of Your Membership and each year or month thereafter, respectively, at the then-current rate. If You elect to purchase an annual Membership, we will automatically charge You on the anniversary of the commencement of the paying portion of Your Membership using the Payment Information You have provided. 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 dateYou may also elect to purchase a non-recurring 24-hour Membership pass that will permit you to access the Scribd Commercial Content available through Memberships for 24 hours from the time of purchase.

    3. By entering into the Agreement and electing to purchase an annual or 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 Scribd.  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 Scribd Platform or the Membership in accordance with this Agreement (and the Terms of Use which forms part of this Agreement).

    4. Scribd 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 signup and/or in the promotional materials describing the Free Trial. Free Trials may not be combined with any other offer. If you cancel your Free Trial before the expiration of the Free Trial Term, you may be eligible to use any unused portion of such Free Trial Term the next time you sign up for a Scribd Membership, provided that Scribd 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 Scribd 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 will not receive a notice from us 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. Scribd Credits: Audiobooks and eBooks. If You elect to purchase a Membership, You may also have access to audiobooks and eBooks through the Scribd Platform using Scribd Credits (defined below) subject to the following terms:

    1. Audiobook Credits. To access certain audiobooks, You may need to use monthly audiobook credits (“Monthly Audiobooks”). As part of your monthly or annual Membership, You will accrue one (1) Monthly Audiobook per month on the calendar day corresponding to the commencement of the paying portion of Your Membership or such other day as we deem appropriate. Any unused Monthly Audiobook can be rolled over into the following month, provided that You can only accumulate a maximum of three (3) Monthly Audiobooks at one time. You can use one or more Monthly Audiobooks to access an audiobook, as specified in the listing for each such audiobook. If You are out of Monthly Audiobooks and want to listen to another audiobook, You can purchase additional Monthly Audiobooks. If You elect to purchase additional Monthly Audiobooks, You expressly authorize us to provide Your Payment Information to third parties so we can complete Your purchase and to charge Your payment method, as further specified in Section 4(a), the then-applicable Monthly Audiobook fee. Once You access an audiobook using Your Monthly Audiobook, subject to the terms of Section 8, You will be able to continue to listen to that audiobook as long as Your Membership remains active. Monthly Audiobooks are made available to You at the sole discretion of Scribd and may be discontinued at any time. Additional information regarding the accrual of Audiobook Credits is available here.
    2. Monthly Reads. To access certain eBooks, You may need to use monthly read credits (“Monthly Books”). As part of Your monthly or annual Membership, You will accrue three (3) Monthly Books per month on the calendar day corresponding to the commencement of the paying portion of Your Membership or such other day as we deem appropriate. Any unused Monthly Books can be rolled over into the following month, provided that You can only accumulate a maximum of nine (9) Monthly Books at one time. You can use each Monthly Book to access an eBook. Once You access an eBook using a Monthly Book, Subject to the terms of Section 8, You will be able to continue to read that eBook as long as Your Membership remains active. Monthly Books are made available to You at the sole discretion of Scribd and may be discontinued at any time. Additional information regarding the accrual of Monthly Reads is available here.
    3. General Terms Applicable to Scribd Credits. As used herein, the term “Scribd Credits” means Monthly Audiobooks and Monthly Books. Scribd Credits are a digital item that can only be redeemed through the Scribd Platform for Your personal and noncommercial use as described in this Agreement, and for no other purpose. You can review Your Scribd Credits balance in Your account settings. Except for the limited rights described herein, You have no property interest or right or title in or to any Scribd Credits, which remain the exclusive property of Scribd. As stated above, the existence of a particular offer of Scribd Credits is not a commitment by Scribd to maintain or continue to make the Scribd Credits available in the future. The scope, variety and type of Scribd Credits that You may obtain can change at any time. Scribd has the absolute right to manage, regulate, control, modify or eliminate Scribd Credits as it sees fit in its sole discretion, and Scribd will have no liability to You or anyone for the exercise of such rights. Except as explicitly provided in this Agreement and within the Scribd Platform: (i) transfers of Scribd Credits are prohibited; (ii) You may not buy or sell Scribd Credits for “real world” money or otherwise exchange them for value; and (iii) Scribd does not recognize any such prohibited purported transfers of Scribd Credits, nor the purported sale, gift or trade of Scribd Credits outside of the Scribd Platform. Any attempt to do any of the foregoing is in violation of this Agreement and will result in an automatic termination of Your rights to use the Scribd Credits and may result in termination of Your Membership, account and/or access to the Scribd Platform and/or legal action against You. Without limiting any other terms of this Agreement, all Scribd Credits are forfeited if Your account is terminated or suspended for any reason, or if we discontinue providing the Scribd Platform.
    4. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST SCRIBD, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS RELATING TO (A) A CLAIM THAT YOU OWN ANY SCRIBD CREDITS OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF SCRIBD CREDITS LOST UPON DELETION OR SUSPENSION OF YOUR ACCOUNT OR MODIFICATION, TERMINATION OR EXPIRATION OF THIS AGREEMENT.
  6. Refunds and Replacements. All fees and charges are nonrefundable 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 Scribd Commercial Content, in certain cases you may receive a replacement rather than a refund.

  7. Cancellation of Memberships.   You may cancel Your Membership 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 Scribd Platform by logging into the Site or the App and going to Your account settings. You may also email support@scribd.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 Scribd will allow You to access the Scribd Commercial Content until the most recently paid-up Membership period ends, and then will terminate Your access to Scribd Commercial Content, including any Scribd Commercial Content that You accessed using Your Scribd Credits. Cancelling Your Membership won’t cancel Your Account. For example, if You made a Direct Purchase of certain Scribd Commercial Content, You will continue to be able to access such Scribd 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 Scribd 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.  

  8. Removal of Content. Regardless of which purchase option You have selected, Scribd reserves the right to modify or withdraw at any time any Scribd Commercial Content from access by You at the request of its publisher or for any other reason. If Scribd removes or deletes a particular piece of Scribd Commercial Content to which You have purchased access, Scribd reserves the right to revoke Your access.  If Scribd revokes Your access, Scribd may provide a refund to You or offer You another form of compensation at Scribd’s sole discretion.  If Scribd removes any particular piece of Scribd Commercial Content to which You have purchased access through a Direct Purchase, subject to any usage limitation for that content, Scribd may provide (at Scribd’s sole discretion) to You a limited window of time in which to download such removed Scribd Commercial Content.

  9. 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 Scribd Platform, with or without cause, at any time and without notice to You. Please refer to the Scribd Terms of Use 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 Scribd Commercial Content to which you have purchased access via the Scribd Platform.

Updated: 16 March 2016

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