Terms of Use

ACCESS TO AND USE OF www.TumbleBookLibrary.com, www.TumbleBookCloud.com, www.AudioBookCloud.com (collectively referred to as the "Site"), AND ALL ASSOCIATED APPLICATIONS AND CONTENT (collectively referred to as "the Content") IS STRICTLY SUBJECT TO THE FOLLOWING TERMS. TUMBLEBOOKS RESERVES THE RIGHT TO REVISE THESE TERMS (the “Terms of Use”) FROM TIME TO TIME, AND TO TERMINATE OR SUSPEND ACCESS TO THE SITE AND CONTENT IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, IN THE EVENT OF BREACH OR ABUSE OF THE TERMS OF USE BY ANY SUBSCRIBER OR USER. Users and Subscribers should review the site on a regular bases for any such changes.

By accessing the Site and/or the Content, you acknowledge this notice and agree to the Terms of Use, and accept all legal consequences. If you do not agree to these Terms of Use, in whole or in part, please do not use the Site or access the Content.

Access to and Use of the Site and the Content is licensed and not sold:
Tumbleweed Press Inc. ("Tumblebooks") and its Licensors reserve the right to restrict or terminate access at any time to any user or group of users for any reason and the sole remedy for such restriction or termination shall be the refund to a registered subscriber of any pro rata amount of subscriber fees corresponding to any remaining period of such subscribers' pre-paid subscription. Tumblebooks reserves the right to refuse to renew any subscription where Tumblebooks has a reasonable basis to believe there has been a breach or abuse of the Terms of Use.

No Reproduction, Redistribution, or Permitting Unauthorized Use:
Any reproduction, redistribution, manipulation or permitting or procuring of unauthorized access to the Site or use of the Content other than as permitted by the Terms of Use is expressly prohibited and may result in severe civil and criminal penalties and legal liability. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever. Violators will be prosecuted.

Authorized End Users:
The Site and the Content is made available for on line use via the Internet solely for personal use by Authorized End Users. Authorized End Users means (a) individual persons and subscribers authorized by Tumblebooks to access and use the Site and Content; (b) in the case of subscribers that are schools or school systems, only those students who are currently enrolled at and staff who are currently engaged with the subscriber, and their immediate families; however in no circumstance may schools, for their own institutional purposes such as teaching lessons, assigning homework, enabling multi-party access of the Site and Content or otherwise enhancing or augmenting their teaching methods, use the ability of or subscriptions granted to students or other third parties to access the Site and the Content (including through their use of library card log-in and authentication) in lieu of such school having its own Site subscription. (c) in the case of subscribers that are libraries, only those persons who hold a valid and current membership in the subscribing library or library system (as the case may be), staff and personnel currently engaged by the subscriber, and the immediately family of the foregoing people; (d) In the case of Family/Home subscriptions use is restricted to home and family members; and (e) in the case of all other subscribers, only those individuals or that set of persons identified in writing by the subscriber to TumbleBooks as Authorized End Users. ALL OTHER USERS ARE NOT AUTHORIZED END USERS AND USE BY, OR PERMITTING OR ENCOURAGING USE BY, SUCH PERSONS MAY RESULT IN IMMEDIATE TERMINATION OF ACCESS TO AND USE OF THE SITE AND THE CONTENT. Other than as set out above, the subscription may not be used by institutions.

Trademarks and Copyrights - All Rights Reserved:
The Site together with all software, applications, logos, graphics, image, sound, text or other content that is made available through the Site is the copyrighted work and property of TumbleBooks, its affiliates, licensors, or suppliers. All rights including the rights of Tumblebooks' licensors and suppliers are reserved. The use of certain names, titles, characters, phrases, logos, designs, graphics, icons, and trademarks displayed on the Site may contain registered or unregistered trade-marks of Tumblebooks, its affiliates, licensors or third parties. The display of third party trademarks is under license or with permission and does not imply that a license of any kind has been granted to the user. Unless otherwise specified, downloading, retransmission or other copying, modification or exploitation of any trade mark, copyrighted material or other Content or the Site itself constitutes a violation of federal, provincial, state, or common law and is prohibited. The Site and Content are protected by copyright as collective works and/or compilation, pursuant to applicable copyright laws and may be further protected by trademark, database, and other intellectual property rights.

Disclaimer and Limitation of Liability:
Access to the Site and Content is provided on an "as is" basis and strictly at your own risk. TumbleBooks makes no representations or warranties, either express or implied, of any kind with respect to the Site or Content and disclaims all warranties, express or implied, including, but not limited to, the merchantability and fitness for a particular purpose or the continued availability for use of the Site or Content. In the event of termination of access to the Site and Content, in the case of subscribers, Tumblebooks' liability shall be limited to the refund to a registered subscriber of any pro rata amount of subscriber fees corresponding to any remaining period of a pre-paid subscription. Institutional subscribers such as schools and libraries should independently verify that all Content provided on the Site is appropriate for the intended audience group or educational purpose.

Content Provided by Users:
You acknowledge that any content, offers, information, or opinions (collectively referred to as the "Information") you may provide to TumbleBooks becomes the property of TumbleBooks, including all copyright, without reservation, and you waive all rights thereto in favor of TumbleBooks. You acknowledge that all or any portion of such Information may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology for the full terms of any copyright that may exist in such Information, without compensation of any kind to you. This condition does not apply to manuscripts or illustrations or like material being submitted on a commercial basis.

Jurisdiction of Ontario:
The Terms of Use is governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. You irrevocably attorn to the exclusive jurisdiction, forum, and venue of the courts of Ontario and further agree that any litigation, arbitration, or other dispute resolution process shall be conducted exclusively in the Judicial District of York, Province of Ontario.

Privacy and Safety Policy:
The Privacy and Safety Policy published by TumbleBooks on the Site forms part of the Terms of Use.

Video Terms of Use:
TumbleBooks has partnered with video publishers in order to provide video content to the Site. While most are licensed directly and are hosted on our server, in some cases, in order to provide the best match for our books and to alleviate bandwidth usage, we have embedded content from channels such as YouTube. These videos have been selected by our staff and we have added them for educational use only. All video content is copyrighted to the original owners

If any provision of these Terms of Use shall be found to be unlawful, void or unenforceable in any jurisdiction, then such provision shall be severed from these Terms in that jurisdiction without affecting the validity or enforceability of the remaining provisions in that jurisdiction or of the unlawful, void or unenforceable provision in any other jurisdiction.
The Terms of Use shall continue to the benefit of TumbleBooks, its successors and assigns, both before and after the termination of your access to the Site and the Content, including, without limitation, ownership provisions, liability limitations and warranty disclaimers.

Any questions regarding the Terms of Use should be directed to info@tumblebooks.com or 416-781-4010, Attention: Ron Zevy.