This is an agreement ("Agreement") between you ("you") and VARBO CORPORATION s.r.o. ("Tales.am"). By accessing and using this website (also referred to as the "Site"), as well as the information, products and services offered on the Site, you agree to be bound by this Agreement.
In this Agreement, "VARBO CORPORATION s.r.o.", "we" or "our" will refer collectively to Tales.am.
By using this website, you represent that you are over the age of 18 and have the right to enter into this Agreement. If you are using the Site on behalf of any third party (such as your employer or company), then you also represent and warrant that you have a legal right to enter into this Agreement on behalf of such third party.
1. Ownership of the Site. This website is owned and operated by VARBO CORPORATION s.r.o.. The content and each element of this website are owned by VARBO CORPORATION s.r.o. or the suppliers of such content and are protected by all applicable copyright, trademark, and other intellectual property laws of the Czech Republic, as well as international laws relating to intellectual property.
2. Our Services. Our website is the online facility that permits visitors and registered users to discover, purchase, receive and play digital spoken word audio entertainment (“Tales.am Content”) through Tales.am website, and its applications for mobile devices (collectively, the “Tales.am Service”). If you use the Tales.am Service, you accept these conditions of use (“Conditions of Use”). Please read them carefully. In addition to the Conditions of Use, you will also be subject to (1) the Tales.am Purchase Terms & Conditions, which govern any purchase you make through the Tales.am Service, (2) the Tales.am Registered User Term, which govern your enrollment in any Tales.am membership plan, and (3) any other policies, guidelines, terms and agreements posted on, or otherwise made available to you through, the Tales.am Service (collectively, the “Terms”).
3. Trademarks. You may not copy, use or imitate, in whole or in part, without our prior written permission, the look and feel of this website, including every element of design. You may not use trademarks, logos, product names, company names, and/or service marks (collectively, "Trademarks") displayed on our website without the prior written consent of VARBO CORPORATION s.r.o. or the third party that owns the applicable Trademark.
4. Purchases of Tales.am Content
When you purchase Tales.am content, Tales.am grants you a limited, revocable, non-exclusive, non-transferable license to stream or in some cases to download Tales.am content to your device(s) solely for your personal non- commercial use. You will not sell, transfer, lease, modify, distribute or publicly perform the Tales.am content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the Tales.am content, or modify the Tales.am content or create any derivative works therefrom. The license to the Tales.am content you purchase will continue for as long as your copy of Tales.am content exists pursuant to these Tales.am Purchase Terms and Conditions.
With respect to all purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the Tales.am content itself, as determined by Tales.am, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Prices of all Tales.am content are subject to change at any time in Tales.am's sole discretion. All such pricing changes will be posted to the Tales.am site.
You bear all risk of loss for completing the download of Tales.am content after purchase, once we have made such content available to you (in your "My Books" area or otherwise) and for any loss of Tales.am content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Tales.am content will generally continue to be available in your "My Account," but may become unavailable due to potential content provider licensing restrictions or other reasons and Tales.am will not be liable to you if Tales.am content becomes unavailable for further download.
5. Prohibitions and Restrictions
You may only use the services for your own individual, personal and noncommercial purposes and you agree that you will not:
- Use the Tales.am service or its content to reproduce copyrighted materials
- Copy, store, edit, change, prepare any derivative work of or alter in any way the Tales.am service or its content
- Auto-scrape the Tales.am website
- Download content by means other than the Tales.am proprietary software
- Make the Tales.am service or its content available over a network (other than Tales.am's network) where it could be used by others
- Provide your password to any other person
- Share audio content with another person
- Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on content available through Tales.am, or any portion of them for your own personal or commercial use, except as expressly allowed under applicable law
- Rent, lease or sublicense, sell, transfer, distribute or publicly perform the Tales.am content in any manner and you will not exploit it commercially
- Improperly interact with Customer Service employees over email, telephone or in-app live chat; these include but are not limited to: verbal or written harassment, sexual solicitation, uttering threats
- Use the Tales.am services in any way that violates the terms of this Agreement
6. Use of this Website. Using the Site, you shall comply with all applicable laws and regulations of the Czech Republic or the country of your residence, including, without limitation, laws relating to the Internet, privacy, intellectual property, and e-mail. Unless you are a registered Member, you may only browse the Site; you cannot use the website or any of its content in any other way.
7. Claims of Violation of Intellectual Property Rights. If you believe any of your intellectual property rights are being violated by the Product offered on our website, please let us know by providing the following information:
(a) Your name, address, phone number, and email;
(b) A description and location of the Product that allegedly infringed your intellectual property rights;
(c) Whether you are the owner of the intellectual property right or you are authorized to act on behalf of such owner;
(d) A certification by you that you warrant accuracy of the information you provided to us.
Upon receipt of your Copyright Claim, we will take down the Product subject to your claim, unless Seller proves that he has superior rights to the disputed Products.
9. Links to our Website. If you include a link to our website from any other site, such link must lead to the full version of our webpage. You are prohibited from linking directly to any image hosted on our website or to any of our services. You are further prohibited from including links to our website from any other site in any way that our webpage would be "framed", surrounded or in any other way hidden by any third party content or materials. We reserve the right, upon written notice to you, at any time and without any reason, to prohibit you from linking to our website. We disclaim any and all liability for links to our website from any other site.
10. Third Party Sites. You acknowledge and agree that we have no responsibility for the content, products, advertising, materials, codes, or services on any third party sites to which you may link through our website or which link to our website. The inclusion of a link on our website does not constitute or indicate any relationship between VARBO CORPORATION s.r.o. and the owner or operator of the third party site. Unless otherwise expressly stated in our link, we do not endorse or sponsor any sites to which you may link through our website. We disclaim any and all liability for links from our website to any other site.
11. Indemnification. You are solely responsible for, and agree to hold harmless and indemnify VARBO CORPORATION s.r.o. and its agents, affiliates, directors, officers, and employees against any and all claims, debts, liabilities, costs and expenses (including attorney fees) arising from:
(a) your breach of this Agreement;
(b) your use of our website or its content; or
(c) your violation of any rights of another person or entity.
(a) All content and services on our website are provided "As Is"; we disclaim to the fullest extent allowed under the applicable law, any and all express and implied warranties.
(b) We make no warranty that our website or its content is free from any viruses or anything else that has destructive or contaminating abilities. You are solely responsible for taking all precautions to protect you against any damage or loss that may arise from your use of this website, its content, or any Product offered through this website.
(c) We do not warrant that your access to our website or any of its content will be uninterrupted or free from errors, or that we would correct any defects on the website and/or our servers.
(d) Under no circumstances VARBO CORPORATION s.r.o., its directors, officers, employees, affiliates or agents can be liable for any direct, indirect, incidental, special, or consequential damages or loss of profits that may result from any use, access, or inability to use or to access, our website, our services, or the Products.
We make no representations or warranties of any kind on the Tales.am service, web site and site content. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.
Tales.am is not responsible for any outside charges that may be incurred while using our service. This includes, but is not limited to, NSF charges for automatic withdrawals, foreign transaction fees, or any other charge that is not processed directly by Tales.am.
(a) In no event shall the aggregate liability of VARBO CORPORATION s.r.o., arising out of, or relating to, the use of this website, exceed any compensation you paid, if any, to us for access or use of the website, or for purchasing of any services, products, or other content.
(b) Any liability of VARBO CORPORATION s.r.o. for breach of any implied warranty that cannot be excluded under applicable law is limited to the following, at the discretion of VARBO CORPORATION s.r.o.:
b.i. For services we provided or offered – we will either supply the services again or we will pay for the reasonable costs of having similar services supplied again;
b.ii. For products we provided or offered – we will either replace the products, supply the equivalent products, or pay for the reasonable costs of replacing the products or acquiring the equivalent products.
14. Modification of this Agreement. We reserve the right to modify the terms of this Agreement at any time. After the modifications are posted on our website, your access and use of our Site will be considered your acceptance of those changes.
15. Notices. Any notice in relation to this Agreement shall be given in writing. All notices shall be given in English language. In addition, the following applies to notices:
(a) All notices to VARBO CORPORATION s.r.o. will be deemed given when delivered personally, sent by overnight courier with proof of delivery, or mailed by U.S. certified mail with return receipt requested. A notice to VARBO CORPORATION s.r.o. shall be deemed to have been given upon its receipt by VARBO CORPORATION s.r.o.. The current address for giving notice to us will always be posted on our website.
(b) All notices to you will be deemed given when emailed to you at the email address that you have provided, when posted on your sign-in page (if you have an account with us), or when posted on our website. A notice shall be deemed to have been given immediately upon sending or posting that notice.
16. Applicable Laws. Venue. This Agreement shall be subject to and interpreted under the laws of the Czech Republic. Any claims arising out of, or in connection with, this Agreement shall be litigated only in the courts of Prague, Czech Republic.
You are paying to access to audio and digital product online.
Should you sign up to our services but then decide not to proceed after your account is activated, we reserve the right to refuse a refund of your payment.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc.).
We do not guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
- Your name, address, phone number, and e-mail (“Personal Information”) that you provide us when you register as a Member on our website. You may update your Personal Information at any time by signing into your account
- Your credit card, PayPal, or bank account information, and the billing address, that you provide us when you make a purchase
- Your computer’s operating system
- Your IP or proxy server IP
- Dates and times of your visits to our website, the pages you visited, and the length of time you were on our website
- The website that referred you to our website
- Such other information as may be necessary or helpful for us to achieve our purposes as stated above.
We do not warrant that your use of our website will be confidential. We can disclose the information described above to companies in our corporate group. We will not give, sell, trade or otherwise disclose any information about you to any other third party unless we are required to do so by law or we have received your consent.
We exercise reasonable security measures to protect your information. However, if you send information to or from our website, it will not be encrypted unless we expressly tell you that it is. We are not responsible for any harm that you or any person may suffer as a result of a breach of security or confidentiality in respect to your use of our website or for any actions of any third party that received the information.
We are not responsible for the privacy policies of the websites which you can access through links on our website. We strongly recommend that you read the privacy policies of the linked websites because they may contain different terms and conditions that would apply to you.
International Transfer of Information
Our servers and information processing equipment are located in several countries and the information about you will be stored in those countries. By providing your information to us when using our website, you agree to our collection and use of your information, including the transfer to another country.
If you do not want to receive emails from us, please sign into your account and disable the email options or click the unsubscribe link at the bottom of the email you received from us. After unsubscribing, you should no longer receive from us that type of email.
Please note that when you voluntarily disclose your information in the forums, in the chat areas or in member profile pages on our website, all your information so disclosed becomes public and may be seen and used by other persons. We have no control over third party’s use of such information.