ZOOMIKON PRESS TERMS AND CONDITIONS

Welcome to the website of Zoomikon Press B.V. The terms and conditions set out below govern your use of the Zoomikon Website,  which includes the websites accessed via https://landoftales.com or https://magictouchbooks.net, the Land of Tales App and the software contained within it (the "Terms and Conditions"), and this is a legally binding agreement made by and between you and Zoomikon Press B.V. Other terms and conditions, policies and guidelines may also apply to you to govern your use of the Zoomikon Service, depending upon how you use and/or access the Zoomikon Service.

By accessing, using or registering with the Zoomikon Service all around the world, this agreement is made between you and Zoomikon Press B.V., a company registered in the Netherlands under KvK number 72666900 with a registered office at: Keizersgracht 241, 1016 EA Amsterdam, Netherlands. Zoomikon B.V., together with its parents, subsidiaries and affiliates are collectively referred to herein as "Zoomikon", "we", "our" or "us". For the purposes of these Terms and Conditions, "affiliate(s)" means any entity that controls, is controlled by or is under common control with Zoomikon.

Please read these Terms and Conditions carefully before accessing, using or registering with the Zoomikon Service. By accessing, using or registering with the Zoomikon Service, or by using, downloading and installing the Land of Tales App and/or the Land of Tales App Service, you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should not access, use or register with the Zoomikon Service, download or install the Land of Tales App or, if already installed, you should stop using the Zoomikon Service and, in the case of Land of Tales App - uninstall it, and cease using the Land of Tales App Service immediately.

Please note that nothing in these Terms and Conditions affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded.

CONTENTS

In these Terms and Conditions you will find information and terms relating to:

  1. LEGAL HELPER:

"Digital Content" means digital or electronic content or media which is available to you through the Zoomikon Service and which may be accessed or viewed via the Zoomikon Website, the Land of Tales App and Zoomikon Devices, said content including but not limited to eBooks, audiovisual content, digital assets, products and content with programmed Augmented or Virtual Reality functions and interactions and providing AR and/or VR experience, digital magazines, digital newspapers, digital journals and other periodicals, audiobooks, software applications (including applications developed by Zoomikon or third parties), and other digital content as determined by us from time to time.

"Land of Tales App(s)" means the Zoomikon software applications for mobile devices, computers or other electronic devices (including any updates or upgrades) that we make available to you.

"Land of Tales App Supported Device" means a mobile, computer or other electronic device which is authorized to and is capable of running and supporting the Land of Tales App or certain Land of Tales App Service functionalities available by accessing and using a Zoomikon Website.

"Zoomikon Device(s)" means electronic devices manufactured by or on behalf of Zoomikon and sold under the Zoomikon brand.

"Zoomikon Library" means the online digital repository or library hosted in our in-house, co-located, hosted by third party or cloud storage facility where the Digital Content associated with your Zoomikon account is stored and which you may access via the Zoomikon Website, a Zoomikon Device or the Land of Tales App.

"Zoomikon Service" means collectively the Land of Tales App, the Zoomikon Website, the Zoomikon Store, the Land of Tales App Service (defined below in Section 2(a)) and Zoomikon Devices (and any services made available on or by means of Zoomikon Devices).

"Zoomikon Store" means the commercial channels approved and utilized by Zoomikon at any time, including Zoomikon Press and Land of Tales eCommerce platforms and gateways and third party resellers, where you can browse, review and purchase Digital Content for the Zoomikon Service.

"Zoomikon Website(s)" means any Zoomikon website which you access from the country in which you are located, including but not limited to the websites accessible at https://landoftales.comhttps://magictouchbooks.net and https://zoomikonpress.com.

  1. USING THE ZOOMIKON WEBSITE, THE LAND OF TALES APP AND THE ZOOMIKON SERVICES ACCESSIBLE SUBJECT TO USER REGISTRATION

(a) The Land of Tales App, the Land of Tales App Service and Digital Content. The Land of Tales App is a software application that is designed to allow you to access and use Digital Content, depending on the version of the Land of Tales App you use. Certain versions of the Land of Tales App may also be designed to enable you to browse, preview, search for, download and access in a standard fashion Digital Content from the Zoomikon Service; access the Zoomikon Website and other websites; interface with social networking sites; and access, use, and participate in other services, features, functions and promotions (each, as may be amended or supplemented howsoever from time to time by Zoomikon)(all features described in this sentence, collectively, the "Land of Tales App Service").

(b) Setting up your account. To access or use certain Digital Content that is only accessible with user registration, and to access, use and participate in the Land of Tales App Service, via the Land of Tales App, or via a Zoomikon Website, you must first open a Zoomikon account in accordance with these Terms and Conditions. Depending upon where you are located and/or domiciled and how you have access to the Zoomikon Service, you can open an account either by visiting a Zoomikon Website or as part of the setup process for your Zoomikon Device or directly via certain Land of Tales App functionalities.

Any Digital Content which is made available to you from the Zoomikon Service, will be so made available to you and used in accordance with these Terms and Conditions.

(c) Accessing your Digital Content. The Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service is designed to give you access to your Zoomikon account and view and store the Digital Content that is made available to you from the Zoomikon Service in your Zoomikon Library. When your Land of Tales App Supported Device is connected to the internet and the Zoomikon Website is accessed via a web browser or the Land of Tales App is running, we will use reasonable efforts to grant you access to your Zoomikon account. Temporary interruptions to the Zoomikon Service may occur for technical reasons (including maintenance, repairs, implementation of new services) which we will use our commercially reasonable efforts to limit. Some Digital Content may not be available for you to access or use via the Zoomikon Website or the Land of Tales App. There is also a risk of loss of Digital Content when you download, access or archive Digital Content via the Zoomikon Website or the Land of Tales App.

IF YOU ARE THE HOLDER OF THE ZOOMIKON ACCOUNT ACCESSED VIA THE ZOOMIKON WEBSITE OR REGISTERED WITH YOUR LAND OF TALES APP, YOU ARE JOINTLY AND SEVERALLY LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ASSOCIATED WITH YOUR ZOOMIKON ACCOUNT AND/OR YOUR ZOOMIKON DEVICE OR LAND OF TALES APP.

(d) Parental control. Some Digital Content accessed via the Zoomikon Website, the Land of Tales App or another Zoomikon Service may not be age or otherwise appropriate for individuals under 18 years of age (Minor(s)). You are responsible for monitoring your Minors’ access to content that may be objectionable or age inappropriate.

If you permit a Minor to use content and services linked to your Zoomikon account, you confirm that you accept these Terms and Conditions and our Privacy Policy on behalf of, and all legal and financial responsibility and liability for the actions of that Minor and you expressly confirm any acts of that Minor. You also consent to that Minor (i) purchasing Digital Content, (ii) using the credit card that is associated with your Zoomikon account.

If you permit a Minor to access the Zoomikon Website or use the Land of Tales App linked to your Zoomikon account, you acknowledge that we are not responsible for any personal information that the Minor publicly discloses, intentionally or unintentionally, by using the Internet through the web browser. We recommend that as the parent or legal guardian, you discuss with your Minor the importance of not disclosing personally identifying information on the Internet. As the parent or legal guardian, you are responsible for monitoring your Minor’s access to your Zoomikon account, the Zoomikon Website and/or the Land of Tales App, as well as any communications made or received by them through or by means of the Zoomikon Service. Content accessible through the Zoomikon Service may include third party content or applications. These third parties have their own privacy and data collection practices. We are not responsible for the actions or policies of such third parties, and you are solely responsible for obtaining information regarding the data privacy practices and terms and conditions of such third parties and determining whether such are appropriate for a Minor. More information about how we collect and use personal data can be found in our Privacy Policy.

(f) Social Features and Third Party Sites. The Zoomikon Website, the Land of Tales App and/or Land of Tales App Services may contain certain social features, such as access to third party social networking sites or features (for example Facebook), that allow you to post, publish, communicate or share information with other people (for example, book reviews, book annotations etc.). The Zoomikon Website, the Land of Tales App and/or Land of Tales App Services may also contain direct in-app links to third party websites. Use of third party websites or third party social networking sites or features will be subject to third party or other terms and conditions. Any information posted, published, communicated or shared with third party websites or social networking sites or features is shared at your own risk. You are solely responsible for any privacy settings on any third party websites or social networking sites or features that might as well be accessed via the Zoomikon Website, the Land of Tales App and/or Land of Tales App Services.

(g) No Responsibility for Digital Content. The Zoomikon Website and the Land of Tales App Service is designed to permit you access to a wide variety of Digital Content, some of which may be considered inappropriate for, or offensive to, some readers and viewers. Under no circumstance will we be liable for any loss, damage or harm caused by your access to or reliance on the Digital Content. You must determine whether the Digital Content accessed through the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service is appropriate, useful, accurate and complete. Your use of the Digital Content, the Zoomikon Website and the Land of Tales App Service is solely at your own risk.

(h) Notice and Take Down Procedure for Claims of Infringement. If you believe in good faith that materials contained within the Zoomikon Website, the Land of Tales App or within any part of the Land of Tales App Service, including Digital Content, infringe your rights (for example, your copyright), you (or your agent or representative) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material on the Zoomikon Website, the Land of Tales App or within the Land of Tales App Service; (iv) your name, address, telephone number and e-mail address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights-holder, its agent or representative or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury (where applicable in accordance with applicable local laws), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.

Notices and counter-notices with respect to the materials contained within the Zoomikon Website, the Land of Tales App or within any part of the Land of Tales App Service, including Digital Content should be sent to: [email protected] Giving false, misleading or inaccurate information in a notice or counter-notice may result in civil and/or criminal liability. We suggest that you consult your legal advisor before filing a notice or counter-notice.

(j) Age of Users. Unless otherwise specifically noted in the features made available to you, some of the features of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, including but not limited to activation of subscription services, purchases, commercial orders and actions and inactions related to payments, are designed for and directed towards use by adults (those aged 18 years or above). No children under the age of 13 are permitted to use said features of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service. Individuals aged between 13 and 18 are not permitted to use said features of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service without the consent of parents or legal guardians. Minors are not permitted to use said features of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service without the supervision of a parent or legal guardian and Minors should review these Terms and Conditions with a parent or legal guardian to ensure that they understand them.

(k) Privacy. You agree that any personal information collected, used or disclosed regarding you or your use of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service will be held and used in accordance with our Privacy Policy as such may be updated or modified from time to time. Without limitation, we will collect, use and/or disclose information regarding you and your use of the Zoomikon Website, the Land of Tales App and the Land of Tales App Service in order to: (i) provide to you information and Digital Content via the Zoomikon Website or the Land of Tales App Service; (ii) permit you to engage in activities that you initiate through the utilization of the functionalities of the Zoomikon Website or of the Land of Tales App Service, such as adding Digital Content accessible through a Zoomikon account and reviewing products; and (iii) analyze, operate, support, maintain and improve the Zoomikon Website, the Land of Tales App or the Land of Tales App Service.

Our Privacy Policy also sets out our policy concerning “cookies” and similar technologies that can personally identify you. The current Privacy Policy posted to our Zoomikon Website applies to you when you open a Zoomikon account or otherwise access or use our Zoomikon Website, services, applications or tools. It is your responsibility to read the current Privacy Policy, so please check it periodically. Please note that any information you provide to a third party via the Zoomikon Website or the Land of Tales App (for example through any third party social networking sites or third party websites) will be subject to the Privacy Policy or similar terms of that third party and not of our Privacy Policy.

(l) Software Updates. In order to keep the functionalities accessible by you, your software and the Land of Tales App features up-to-date, from time to time the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service may be provided with updates, modifications, additions, or upgrades (some of which may be implemented automatically). It is your responsibility to verify that you are accessing or using the most up-to-date version of the Zoomikon Website or the Land of Tales App available.

(m) Security. We employ measures designed to ensure the security of the Land of Tales App Service in accordance with applicable laws, but, as provided below, make no guarantees in this regard.

(n) NO SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE ZOOMIKON WEBSITE OR THE LAND OF TALES APP AND THE LAND OF TALES APP SERVICE. YOUR ABILITY TO ACCESS CERTAIN DIGITAL CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF A WEB BROWSER AND/OR THE LAND OF TALES APP. IN RARE INSTANCES, UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES. YOU ARE SOLELY RESPONSIBLE FOR REGULARLY BACKING UP THE DATA STORED ON YOUR ZOOMIKON DEVICE TO PREVENT THIS FROM OCCURRING.

(o) Internet Connectivity Charges. Internet connectivity is required to use certain features of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, which may include downloading and/or streaming Digital Content to your Zoomikon Device and/or Land of Tales App Supported Device, archiving Digital Content and accessing the Interactive Community or social features. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some Digital Content may include large amounts of data, and we are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such access.

  1. LICENSE TO USE CERTAIN FUNCTIONALITIES OF THE ZOOMIKON WEBSITE AND THE LAND OF TALES APP

(a) License. Subject to these Terms and Conditions, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to: (i) install and use a single copy of the Land of Tales App on any Land of Tales App Supported Device you own or control, or to use certain functionalities of the Zoomikon Website solely to access, view and/or select and/or add Digital Content to a Zoomikon account for your personal use; (ii) make personal, non-commercial use of the Zoomikon Website and the Land of Tales App Service. You can make one (1) copy of the Land of Tales App as necessary for backup or archive purposes.

(b) Restrictions and Prohibited Conduct. Except as may be expressly permitted by these Terms and Conditions and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) use the Land of Tales App on any device other than a Land of Tales App Supported Device; (ii) use, copy, reproduce, modify, distribute copies of, display publicly or transmit the Land of Tales App or any part of the Zoomikon Website; (iii) open, service or tamper with the Land of Tales App, disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from the Zoomikon Website, the Land of Tales App or the Digital Content or otherwise attempt to discover the source code of the Land of Tales App or the technology used to provide the Zoomikon Website functionalities or the Land of Tales App, or attempt to reduce the Land of Tales App to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, including altering any digital rights management ("DRM") functionality of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service; (v) share access to the Zoomikon Website or the Land of Tales App, whether through a network, resale or other means; (vi) transfer the Land of Tales App (or any individual component thereof) from one device to another device or computer; (vii) infringe, violate, or interfere with any patent, trademark, trade secret, copyright, right of publicity or any other right of any party; (viii) violate any law, rule or regulation of the local laws applicable to you in your use of the Zoomikon Website and/or the Land of Tales App; (ix) sublicense, assign in whole or in part, rent, lease, lend, resell or in any way transfer any rights to all or any portion of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service to any third party, except as expressly permitted by these Terms and Conditions or applicable third-party license agreement; (x) broadcast, transmit or distribute the Digital Content in any manner, such as online streaming or making the Digital Content available for download; (xi) interfere with or damage the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, including, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (xii) violate any third-party contract or policy governing the Zoomikon Website, the Land of Tales App or Digital Content; (xiii) delete, destroy or alter in any manner the proprietary rights notices, markings and legends appearing on the Zoomikon Website, the Digital Content or the Land of Tales App; or (xiv) assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions or any applicable local laws or regulations.

(c) Excluded Software. Certain portions of the Land of Tales App are made available to you as “Open Source” software, which may have certain other terms apply to them. By using the Land of Tales App, you agree to be bound by these terms. The list of such “Open Source” software shall be provided to you upon a request sent to: [email protected]

(d) Intellectual Property. We (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service and all enhancements, bug fixes, updates, upgrades, modifications, additions, customizations, improvements, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein (collectively, the "Intellectual Property"). You acknowledge and agree that neither the sale or transfer nor the license of the Land of Tales App or of any functionalities and components of the Zoomikon Website grants to you title or ownership of any of our Intellectual Property or those of our suppliers or licensors. Most trademarks shown on the Zoomikon Website and the Land of Tales App are owned by Zoomikon Press B.V. or its affiliates or subsidiaries. Certain other trademarks shown on the Zoomikon Website, the Land of Tales App or through the Land of Tales App Service are owned by our suppliers or licensors or other third parties. All Rights Reserved. No rights are granted to you except those expressly set forth in this Section 3 and we (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to the Zoomikon Website and the Land of Tales App not expressly granted herein.

(e) Indemnity. To the maximum extent permitted by applicable local law, you agree to indemnify and hold harmless on a continuing basis us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") immediately (on demand) from any claim or demand, including reasonable and/or statutory legal fees, made by any third party due to or arising out of your access to or use of the Zoomikon Website, the Land of Tales App or the Land of Tales App Service and/or related to, or connected with your actual or alleged breach of these Terms and Conditions or your violation of any applicable law or regulation or the rights of a third party.

(f) Feedback. If you submit feedback or suggestions to us about the Zoomikon Website, the Land of Tales App or the Land of Tales App Service, we may use your feedback or suggestions without obligation to you.

4. PURCHASES AND CANCELLATION RIGHTS

(a) Making purchases from a mobile platform managed by a third party. We at Zoomikon Press have made our digital content available for purchase or subscription through mobile platforms owned and managed by third parties (e.g. Apple App Store, Google Play, Amazon Marketplace) via an in-application purchase mechanism. Payment for such digital content may be processed directly by the mobile platform owner or by third parties who act on their behalf. 

If you are resident in the European Union, you possess a statutory right of withdrawal from or cancellation of contracts for the purchase or subscription to digital content within 14 days of making such purchase or subscription. 

Please note and acknowledge that before making such a purchase or subscription, you should carefully review the third-party mobile platform’s cancellation and refund policies as you may not be able to cancel your order or obtain a refund.

(b) Making purchases directly from Zoomikon Press. We at Zoomikon Press have also made our digital content available for purchase or subscription directly through our websites. Such digital content will be made available to you immediately after your payment has been processed by a payment provider who acts on our behalf (e.g. Paypal).

By making a direct purchase from Zoomikon Press while being resident in the European Union, you agree to waive your automatic statutory right of withdrawal from or cancellation of contracts for the purchase or subscription to digital content. You will still be eligible for a refund (or an alternative remedy) in the case where such digital content has been proven to have, at all times, been defective or unavailable to you at the sole responsibility of Zoomikon Press. 

5. TERMINATION AND SUSPENSION

(a) Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your Zoomikon account and/or your access to all or any part of the Zoomikon Website or the Land of Tales App Service, for any reason in our sole discretion.

Where reasonableness is required by applicable local law, we may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your Zoomikon account and/ or your access to all or any part of the Zoomikon Website or the Land of Tales App Service for any reason in our sole discretion where we reasonably consider it necessary, including where we believe that you have violated any term or condition of these Terms and Conditions or any applicable local laws or regulations, or may cause us, our suppliers or licensors, or another user of the Zoomikon Service financial loss or legal liability.

In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you that (i) your right to use or access any part of the Zoomikon Website or the Land of Tales App Service has been terminated including the right to use, access or create any Zoomikon account; (ii) that we refuse to provide any services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

(b) By You. You may terminate your use of the Zoomikon Website, the Land of Tales App or the Land of Tales App Service at any time by ceasing all use, including by removing/deleting/uninstalling the Land of Tales App from your Land of Tales App Supported Device.

(c) Effect of Termination. Following termination (by us or by you) or suspension, you will not be permitted to use the Land of Tales App and/or the Land of Tales App Service. Following termination (by us or by you) you will immediately uninstall, delete and/or destroy all copies of the Land of Tales App. You may, upon our reasonable request, be required to provide us with written certification that you have complied with this Section 4(c). In the case of termination by us of your Zoomikon account, you will remain liable for all amounts due under your Zoomikon account subscriptions and orders up to and including the date of termination.

Upon termination of these Terms and Conditions, the following Sections shall continue in force and you explicitly agree to be bound by the following Sections: Section 2(o) (Internet Connectivity Charges); Section 3(g) (Indemnity); Section 4 (Termination and Suspension); Section 5 (Disclaimers; Exclusions and Limitations); Section 6 (Dispute Resolution); Section 7 (General) and/or any other provisions of these Terms and Conditions that are expressly or by implication intended to come into or continue in force on or after termination of these Terms and Conditions.

6. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS

(a) DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE ZOOMIKON WEBSITE, THE LAND OF TALES APP AND THE LAND OF TALES APP SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE ZOOMIKON WEBSITE OR THE LAND OF TALES APP IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE DO NOT REPRESENT OR WARRANT THAT THE ZOOMIKON WEBSITE, THE LAND OF TALES APP OR ITS USE, OR THE LAND OF TALES APP SERVICE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR ACCESS, PURCHASE OR USE OF (OR INABILITY TO USE) THE ZOOMIKON WEBSITE, THE LAND OF TALES APP AND/OR THE LAND OF TALES APP SERVICE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHERE (I) THERE WAS NO BREACH OF STATUTORY DUTY OR FAILURE ON OUR PART (OR OUR EMPLOYEES OR AGENTS OR REPRESENTATIVES); (II) IT IS NOT A REASONABLY FORESEEABLE CONSEQUENCE OF ANY SUCH BREACH; OR (III) IT RELATES TO BUSINESS LOSS (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA OR DAMAGE TO REPUTATION OR GOODWILL).

(d) IMPACT OF LOCAL LAWS. CERTAIN LOCAL LAWS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LOCAL LAWS, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(f) FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER OR ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY APPLICABLE LOCAL LAWS OR REGULATIONS BECAUSE OF ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING A LABOR DISTURBANCE, AN INTERNET OUTAGE OR INTERRUPTION OF SERVICE, A COMMUNICATIONS OUTAGE, FAILURE BY A SERVICE PROVIDER OR ANY OTHER THIRD PARTY TO PERFORM, ACTS OF WAR OR OTHER ACTION OF MILITARY FORCES, TERRORISM, RIOT, CIVIL COMMOTION, SABOTAGE, VANDALISM, ACCIDENT, FIRE, FLOOD, ACTS OF GOD, STRIKE, LOCK-OUT OR OTHER INDUSTRIAL DISPUTES (WHETHER OR NOT INVOLVING OUR EMPLOYEES OR THOSE OF OUR AFFILIATES, SUPPLIERS OR LICENSORS) OR LEGISLATIVE OR ADMINISTRATIVE INTERFERENCE (INCLUDING THOSE GIVING RISE TO CURRENCY CHANGES OR OTHERWISE AFFECTING OUR ABILITY TO OPERATE OR PROVIDE THE ZOOMIKON SERVICE, WHETHER IN WHOLE OR IN PART).

7. GENERAL

(a) Interpretation. Headings used in these Terms and Conditions are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation". The singular includes the plural and vice versa. These Terms and Conditions are binding upon each party and its successors and permitted assigns.

(b) Entire Agreement. Except for any additional terms that apply to your use of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

(c) Severability. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.

(d) Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers and licensors are intended third-party beneficiaries of these Terms and Conditions.

(e) No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms and Conditions or by law will not operate as a waiver of such right, remedy or provision.

(f) Notices. Where we need to send you notices under these Terms and Conditions or in connection with your access to or use of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your Zoomikon account or another email address that you provide to us. To the maximum extent permitted by applicable local law, you acknowledge and agree that any communication via email or by postings on the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service satisfies any legal requirement that such communications be made in writing.

(g) Changes to the Zoomikon Website, the Land of Tales App and the Land of Tales App Service and amendments to these Terms and Conditions. To the maximum extent permitted by applicable local law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect or functionality of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms and Conditions in our sole discretion. You should periodically review these Terms and Conditions so that you are aware of the terms and conditions that apply to your use of the Zoomikon Website or the Land of Tales App. Your access to and use of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service after any modification, downloading or streaming (or otherwise transferring to your Zoomikon Library) of Digital Content via the Zoomikon Website or the Land of Tales App, or accessing Digital Content previously accessed or downloaded (or otherwise transferred to your Zoomikon Library) via the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, constitutes your acceptance of the most recent version of these Terms and Conditions as modified.

(h) Assignment. These Terms and Conditions and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. You may, however, sell, give away, or otherwise transfer your Land of Tales App Supported Device; provided, however, that you either delete the Land of Tales App prior to selling, giving away or otherwise transferring the Land of Tales App Supported Device or, where the Land of Tales App is not deleted from the Land of Tales App Supported Device, the person to whom you transfer the Land of Tales App Supported Device registers for their own Zoomikon account if they are to use the Zoomikon Website’s functionalities subject to registration, or the Land of Tales App and/or the Land of Tales App Service via the Land of Tales App Supported Device which is sold, given away or otherwise transferred to them. Similarly, if you lend your Land of Tales App Supported Device to another person or another person otherwise uses your Land of Tales App Supported Device, you will be responsible for that person's use of the Zoomikon Website’s functionalities subject to registration, the Land of Tales App and/or the Land of Tales App Service accessed or used via that Land of Tales App Supported Device. We may freely assign or transfer this Agreement or any of our rights and obligations under it.

(i) Conflict. If there is any actual or apparent conflict between these Terms and Conditions and any other terms and conditions regarding your use of the Zoomikon Website, the Land of Tales App and/or the Land of Tales App Service, these Terms and Conditions shall prevail.

(j) Governing Law; Jurisdiction

To the maximum extent permitted by local laws, the laws of the Kingdom of the Netherlands, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute or claim of any sort that might arise between you and Zoomikon.

We both agree that the courts of the Kingdom of the Netherlands shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.

(k) Contact Information. For help with the Zoomikon Website, the Land of Tales App, the Land of Tales App Service, the Digital Content, any Zoomikon account and/or any Zoomikon Library, or if you have any questions regarding these Terms and Conditions, please contact customer service at [email protected]mikonpress.com.