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Everand Subscriber Agreement

Article author
Jason
  • Updated

LAST UPDATED: 31 October 2023

1.0 About this Agreement; Other Terms

Everand™, Scribd®, and Slideshare® are wholly-owned subsidiaries of Scribd, Inc (“the Company,” “We,” “Our,” or “Us”). The following additional terms, policies, and rules are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:

  1. Scribd, Inc. Global Terms of Use (https://scribd.com/terms)
  2. Scribd, Inc. Global Privacy Policy (https://scribd.com/privacy)

This Everand Subscriber Agreement (“Agreement”), and its associated notices and disclosures, are incorporated into, and is subject to, Our Global Terms of Use. Unless otherwise defined in this Agreement, all capitalized terms have the meaning given in the Global Terms of Use.

BY REGISTERING FOR, ACCESSING, BROWSING, SUBSCRIBING TO, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL RULES, TERMS, CONDITIONS, GUIDELINES, RESTRICTIONS, AND NOTICES IN THIS AGREEMENT.

If You do not agree to this Agreement, You may not use the Everand.

2.0 Subscription

Everand provides You with access to electronic books, audiobooks, articles, sheet music, and other content from participating publishers (“Subscription Content”) by means of a Subscription (“Subscription”), under which Everand, and the participating publishers, grant You a limited, nonexclusive, nontransferable, revocable and personal license to access and use all Subscription Content available under Your Subscription for Your personal entertainment and informational purposes. Subscription Content may include access to music sheets and other certain documents that are offered to You upon Subscription at no additional charge. Your Subscription is separate and distinct from any free account (“Account”) with any other Service provided by the Company. In most cases, You may continue to use Your Account once You or We terminate your Subscription.

3.0 Restrictions

Your access to and use of the Subscription Content is subject to the following restrictions:

  1. Subscription Content is provided for Your personal non-commercial use only via Everand.com or the Everand mobile app (“App”);
  2. You may not use Subscription Content for any commercial or promotional use;
  3. You may not sell or distribute Subscription Content;
  4. You may not share, lend, or rent copies of Subscription Content;
  5. You may not disable or circumvent Digital Rights Management (DRM) supplied with Subscription 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 Subscription Content;
  8. You may not make a public display or performance of Subscription Content;
  9. You may not share accounts that allow access to Subscription Content.

In addition to the foregoing, Your access to Subscription Content is conditioned upon timely payment of Your monthly or annual Subscription fees (“Subscription Fees”); and You will not have access to Subscription Content if Your Subscription is canceled, allowed to lapse, or terminated for non-payment.

Your Subscription entitles You to access Everand’s digital library of content during the subscription period. Some Subscription Content may not be immediately available to the small percentage of users that consume an unusually high volume of Subscription Content. Everand reserves and shall have the right in its sole discretion to add, modify, withdraw, or delay, at any time, any particular Subscription Content from access by You for any reason including, without limitation, based on the costs generated to Everand by such content or the nature of Your use of the Everand website and app. Everand makes no guarantee as to the availability of specific titles or the timing of their availability.

4.0 Payments and Billing

  1. Fees, charges, and any materially different terms from those described to You in this Agreement will be disclosed to You when You sign-up or in other later communications to you. When You purchase a Subscription (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. Subscription prices are displayed in U.S. dollars, or, whenever possible, Your equivalent local currency. The currency used to charge You for Your Subscription depends on the billing country where Your payment method is located. Everand’s pricing differs from country to country and the Subscription fee displayed on Your screen may differ from the final amount charged if You sign up in a country that is different from the home country of Your billing method. Your billing currency may change if You update your payment method or change the country of billing in your Payment information. Your country of billing must match the country where Your payment method is located.

    By entering into this Agreement, You acknowledge that We reserve the right, in our sole discretion, to convert the displayed currency to that of your billing country or the home country of Your payment method as necessary. You acknowledge that We cannot control any currency conversion or foreign transaction fees that may be charged to You by Your card issuer or bank for Your Subscription payment, and You agree to not hold Scribd, Inc. or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers liable for any such fees.
     
  3. If You elect to purchase an annual or monthly Subscription, You will be charged the Subscription Fee at the beginning of the paying portion of Your Subscription and each year or month thereafter, respectively, at the then-current rate. If You elect to purchase an annual Subscription, We will automatically charge You on the anniversary of the commencement of the paying portion of Your Subscription using the Payment Information You have provided. If You elect to purchase a monthly Subscription, We will automatically charge You each month, on the calendar day corresponding to the commencement of the paying portion of Your Subscription, using the Payment Information You have provided. In the event Your Subscription 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 Subscription on January 31st, Your next payment date is likely to be February 28th, and Your payment method would be billed on that date.
     
  4. By entering into the Agreement and electing to purchase an annual or monthly Subscription, You acknowledge that Your Subscription has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of Your Subscription by You or Us. We may also periodically authorize Your payment method in anticipation of applicable fees or related charges. Your Subscription continues until canceled by You or We terminate Your access to, or use of, the Services or the Subscription in accordance with this Agreement (and the Global Terms of Use which forms part of this Agreement).
     
  5. We may offer a free trial Subscription (“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 an Everand Subscription, provided that Everand 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. Unless You cancel Your Subscription 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 Subscription Fee (plus any applicable taxes and other charges) until You cancel Your Subscription. Instructions for canceling Your Subscription are stated below under the Section titled “Cancellation of Subscriptions.” We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion.

  6. Financial transactions may, at Our discretion, be banned if they are directed to, issued by, or are otherwise involving a country, territory, individual or company that is subject to economic or trade sanctions or restrictive measures enacted, administered, imposed or enforced by (a) any governmental institutions and agencies (e.g. official lists of sanctioned countries issued by the United States, European Union, UK, etc. and/or (b) any internal policies from the Company that are in line with international regulations (a “Sanctioned Entity”). You shall be solely responsible for ensuring that the country in which You intend to receive payments from Everand or issue payments to Everand (as the case may be) is not considered to be a Sanctioned Entity.

5.0 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 (https://support.scribd.com/hc/articles/210133986). In certain cases, if there is a defect in any Subscription Content, You may receive a replacement rather than a refund.

6.0 Canceling Your Subscription

  1. Cancellation. You may cancel Your Subscription through your account settings after logging into the Site or the App. You may also initiate cancellation of a Subscription by sending an email to support@scribd.com or submitting a cancellation request through the Everand Support website. You will be responsible for all Subscription Fees (plus any applicable taxes and/or other charges) incurred before the effective date of your cancellation. If You cancel, your cancellation will be effective immediately, but You will continue to have access to the Subscription Content until the most recently paid-up Subscription period ends, and then We will terminate Your access to Subscription Content. Canceling Your Everand Subscription will not cancel Your existing Scribd and Slideshare accounts. See Section 10 (titled “Term and Termination”) for instructions on how to terminate this Agreement.
  2. Termination. You agree that We may terminate Your Subscription and/or account for non-payment of Subscription Fees. In the event of any cancellation or termination of your Subscription 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.
     
  3. Refunds. As defined in section 5 of this agreement, all fees and charges are nonrefundable, except as expressly set forth in our Refund Policy. We will not refund Subscription Fees, either in full or in part, when a Subscription is canceled or terminated.

7.0 Promotional Codes

Promotional discount activation codes (“Promo Codes”) expire on the date indicated in Your account settings or as indicated in the promotional offer and may expire prior to actual use of the Promo Code, without liability to Us. Only one (1) Promo Code may be redeemed per household/per account/per promotion. Promo Codes are not transferable and are not redeemable for cash. We reserve the right to modify or cancel any offer at any time. Promo Codes must be used for the intended audience and purpose, and in a lawful manner. You are responsible for the security of your Promo Code number. Promo codes are not replaceable if lost, stolen or damaged. Promo Codes cannot be used in combination with other discounts, coupons, promotions, or other Promo Codes

8.0 Gift Subscriptions

Please refer to the Gift Subscription Terms and Conditions.

9.0 Content Disclaimers

You understand and acknowledge that Subscription Content is intended for information and entertainment purposes only. Subscription Content does not constitute legal, financial, personal, professional, educational, medical, and/or healthcare advice or diagnosis and cannot be used for such purposes. You understand that You will be exposed to content from a variety of sources when using Your Subscription, and You agree that We are not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto. The Company does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of Subscription Content that allegedly does not conform to any of Our Terms, We may investigate the allegation and determine in Our sole discretion whether to remove the Subscription Content, which We reserve the right to do at any time and without notice.

Subscription Content may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless We expressly state otherwise, We do not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Services are solely between You and such advertisers. Your access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

Everand reserves the right to modify or withdraw at any time any Subscription Content from access by You at the request of its publisher or for any other reason. If Everand removes or deletes a particular piece of Subscription Content, Everand reserves the right to revoke Your access to the content. If Everand revokes Your access, Everand may provide a refund to You or offer You another form of compensation at Everand’s sole discretion.

10.0 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 subscription and/or account), or suspend or terminate the Services, with or without cause, at any time and without notice to You. Please refer to the Global Terms of Use for additional terms applicable to the cancellation or termination of this and other services provided by the Company. Upon any cancellation or termination of this Agreement and/or Your Subscription, 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 Subscription Content.

11.0 Changes to the Agreement

We may occasionally update this Agreement. If We make material changes to this Agreement, We will notify You by email or as otherwise required by applicable laws. We encourage You to review this Agreement periodically to remain informed as to how We are using and protecting Your information and to keep yourself aware of any changes to the Agreement. Changes to this Agreement will take effect immediately after We post it to https://support.scribd.com/hc/en-us/articles/210129486-Subscriber-Agreement. You can determine when We last changed this Agreement by referring to the “LAST UPDATED” legend above.  Your use of Your Subscription following changes to this Agreement will constitute Your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between You and Us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement. This Agreement may not reflect pending or recent legislation.

12.0 How to Contact Us

We welcome your questions about our Agreement and practices by email at support@scribd.com or by post at: Scribd, Inc. 460 Bryant Street, Suite 300, San Francisco, CA 94107-2594. We respond to all inquiries within 30 days.  If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.

 

 

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