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TERMS AND CONDITIONS

REQUIREMENTS

This is the legal agreement between you and the Treasury of Great Children's Books. It governs your use of our website, products and/or services.

By using the website, you agree to these Terms and Conditions, whether you read them or not. Please read them carefully. If you do not agree, do not use the website.

Our website, products and/or services are diverse, so sometimes additional terms or requirements may apply. Those additional terms become part of your agreement with us when you use those aspects of our website, products and/or services.

Our website, products and/or services are available for those who are at least 18 years old. By using our website, products and/or services, you are verifying to us that you are at least 18 years old. If you have not yet reached the age of majority for your state, you must first obtain the permission of your parent or legal guardian.

Our website, products and/or services are available only in certain nations. You agree not to use our website, products and/or services from outside those nations. We may use technology to verify your compliance. Here is pertinent information for our International Customers.

The use of our website, products and/or services requires compatible computing devices, suitably high-speed Internet access and commensurate software. These require periodic updating. We recommend the latest versions. You agree that meeting these requirements, which may change from time to time, is your responsibility.

CHANGES

We reserve the right, at our sole discretion, to change or modify the Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions, from time to time, for changes. If you continue to use the Site, after we have made any change to the Terms and Conditions, it means that you accept and agree to the change. As long as you comply with our Terms and Conditions, we grant you a personal, limited privilege to enter and use the Site.

OWNERSHIP

These Terms and Conditions apply to the web site of the Treasury of Great Children's Books, located at TreasuryOfGreatChildrensBooks.com, and all associated sites linked to TreasuryOfGreatChildrensBooks.com, its subsidiaries and affiliates, including our sites around the world (collectively, the "Site").

This website and its entire content (including all text, graphics, logos, videos, audio clips, digital downloads, scans, images, forms, icons, software, design, applications and such), is the property of Wisconsin Radiological Services, LLC and its licensors. Your use of the website does not transfer to you any ownership.

The Treasury of Great Children's Books, TreasuryOfGreatChildrensBooks.com, and our graphics, logos, page headers, button icons, scripts and service names are registered and unregistered trademarks in the United States and/or other countries. They may not be used in connection with any product or service that is not ours, in any way that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Other product or company names that appear on our website may be registered or unregistered trade names, trademarks or service marks of their respective owners. They may or may not be affiliated with, connected to or sponsored by the Treasury of Great Children's Books.

Our mailing address:

The Treasury of Great Children's Books
c/o Wisconsin Radiological Services, LLC
2814 Marshall Court
Madison, WI 53705-2258
United States

YOUR USE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Treasury of Great Children’s Books, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the systems or networks of the Treasury of Great Children’s Books, or any systems or networks connected to the Site or to the Treasury of Great Children’s Books.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Treasury of Great Children’s Books on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Treasury of Great Children’s Books or others.

YOUR ACCOUNT

To register as a Free Member or subscribe as a Premium Member of the Treasury of Great Children's Books, you need to establish an account with us.

You agree to provide us with information that is accurate, up-to-date and factual, including your real name and email address and delivery address, as well as accurate, non-fraudulent payment information.

Do not reveal your account information to others. You alone are responsible for maintaining the secrecy of your account information. You alone are responsible for all activities that take place within or through your account. You agree to notify us immediately of any breech in the security of your account. We are not responsible for any loss due to an unauthorized use of your account.

In order to access certain features or make purchases, you must enter your user ID and password. This authenticates your identity to us, and logs you in. Once you have successfully done this, you will remain logged in until you log out.

During this time, you will be able to access the website and features that you are registered for or subscribed for, as well as to make purchases. You can turn off the ability to make purchases, by means of the settings in My Account.

When you register or subscribe with us, you agree to provide us with accurate account information. You agree to provide us with applicable updates to your account information in a timely manner. You agree that we may use your account information to record the transactions in you account and bill you for them.

We use industry-standard security measures for protecting your transmission of personal information. However, we cannot guarantee that electronic communications over the Internet will be 100% secure. You agree to use the data encryption tool that is built into our Site.

Your paid subscription will continue from month-to-month or year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee to the Payment Method you provide us during registration, or to a different Payment Method if you change your account information. Membership fees are fully earned upon payment.

You may cancel your paid subscription at any time. For the refunding of subscription fees, see our Subscription Refund Policy. To cancel, go to your My Account page, click on Cancel Membership, and follow the instructions for cancellation.

PAYMENT, TAXES AND REFUNDS

The Treasury of Great Children's Books accepts these forms of payment: credit cards, and tokens purchased from the Treasury of Great Children's Books.

If a credit card is being used for a transaction, we will obtain pre-approval up to the amount of the order. We will bill your credit card at the time of the transaction or shortly afterwards.

If a token is used for a transaction, the amount is deducted at the time of the transaction.

When making a purchase, tokens are used first; your credit card is then charged for any remaining balance.

You agree that you will pay for all website access, products and services that you have purchased though us. You agree that we can charge your tokens or credit card for those purchases, as well as for any additional amounts (including taxes and late fees as applicable) in conjunction with your account. You are responsible for timely payment. You are responsible for providing us with valid credit card information for your payment. All purchases and fees will be billed to the credit card you have designated in My Account. If there is a change or update to your credit card information, you must update that information in My Account. This may temporarily disrupt your access to our website, products and/or services.

Your total price will include the price of the access, product or service, plus any applicable sales tax. Sales tax is based on the billing address and the sales tax in effect at the time of purchase. We will charge tax only in states where digital goods are taxable.

All sales are final.

The prices for our website access, products or services may change at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.

If website access, products or services become unavailable following a purchase, but prior to download, your sole remedy is to request a refund.

Tokens are managed by the Treasury of Great Children's Books ("Issuer").

Tokens are not redeemable for cash. Unused balances are not redeemable for cash. They cannot be returned for a cash refund, except as required by law. They are not transferrable. They may not be exchanged or resold.

We are not responsible for lost or stolen tokens.

If a token is fraudulently obtained or used, we reserve the right to request an alternate form of payment.

We reserve the right to close accounts.

GIFTS

If you purchase a Token to give as a gift, the recipient of your gift must have compatible hardware and software, be of sufficient age and have parental permission.

PRE-ORDERS

By pre-ordering website access, products or services, you are authorizing us to automatically charge your account. You are authorizing us to download the item or to make it available to you when it becomes available. You may cancel your pre-order prior to the time it becomes available.

ELECTRONIC CONTRACTING

Your use of our Service includes the ability to enter into legal agreements and to make transactions electronically. You agree that your electronic submissions constitute your agreement and your intent to be bound by your agreements and transactions, and to pay for them. This applies to all records relating to all transactions you enter into with us, including notes of cancellation, policies, contracts, applications and the like.

In order to access and retain your records, you will be required to have certain hardware and software, which are solely your responsibility.

We are not responsible for typographical errors.

If you lose or destroy information or products that you have downloaded from us, we will not be responsible for the information or product, nor for the reconstruction of files or data.

PRIVACY

Please review our Privacy Policy, which governs your account information as well as your visits to our website.

We offer personalized recommendations to our Free Members and Premium Subscribers. We base these recommendations on several factors: the books you have checked out from us and the books you have purchased from us [and the preferences you have indicated in My Account.

To help enhance our content, we routinely track the number of visits to each page of our Site.

We perform meta-analyses of the trends among our paid subscribers and registered users. We do this based on aggregated information. We do this in an anonymous way that is not associated with you or your account.

If you prefer that we do not collect or use information from your account in these ways, you may indicate that in My Account. You can modify your preference at any time.

By not opting out of that feature, you consent to the use of your information as described above and as described in our Privacy Policy.

THIRD-PARTY MATERIALS

For your convenience, we may provide links to third parties. We want to help make it easy for you to access their content and products and services. You agree that we are not responsible for examining or evaluating the content or accuracy of such third party content, that we do not warrant such third party content, and that we are not liable for such third party content. You agree to use such third party content in a way that does not violate the rights of any party. You agree that we are not responsible for how you use such third party content.

OBJECTIONABLE MATERIAL

You understand that by accessing our Site, you may encounter material posted by another user that you deem offensive, indecent or inappropriate. You agree that we are not responsible for content posted by users.

In our Community Guidelines, we forbid the posting of such content and ask that you report such content.

OUR INTELLECTUAL PROPERTY

You agree that our website, products and services contain proprietary information and materials that are owned by the Treasury of Great Children's Books and/or its licensors. You agree that these are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree to use our website, products and services only in ways that comply with this agreement.

You agree to not reproduce our content in any form, except when we expressly state that it is permitted. You agree to not modify, rent, lease, loan, sell, distribute, or create derivative works based on our content. You agree to not trespass or burden our network capacity.

We reserve the right to change or suspend, remove or disable access to any of our website, products or services at any time without notice. In no event will we be liable for making these changes. We may also impose limits on your use of certain features or access to them, without notice and without liability.

The entire content of our website, products and services are owned by the Treasury of Great Children's Books. We reserve all our rights in law and equity. Using our software or any portion of our website, products or services, except as permitted in this agreement, is strictly prohibited and infringes on our intellectual property rights and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

The Treasury of Great Children's Books and our logo are trademarks or registered trademarks of the Treasury of Great Children's Books in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with our website, products and services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

YOUR INTELLECTUAL PROPERTY

Some of our services allow you to submit your own recordings of your reading of a book. You retain ownership of any performer's rights that you hold in that context.

We are not obliged to monitor, screen, police or edit the use of our website, including the posting of materials to our website, although we reserve the right to do so at our discretion.

If you are the owner of intellectual property rights, or an authorized agent of an owner, and believe we have copied your intellectual property in a way that infringes upon your copyright, notify our Copyright Agent.

TERMINATION

If you fail, or if we think you have failed, to comply with any provisions of this agreement, we may, at our own discretion, and without any notice to you, terminate this agreement and your account. You will remain liable for all amounts due under your account up to and including the moment of termination. We may preclude your access to our website and our products and services.

We reserve the right to modify, suspend, or discontinue any aspect of our website or products or services, at any time, with no notice to you. We will not be liable to you or any third party should we exercise such rights.

CONTENT AVAILABILITY

The Treasury of Great Children’s Books reserves the right to change content options (including eligibility for particular features) without notice.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

We provide our website, products and services using a commercially reasonable level of skill and care. We hope you will enjoy using them. However, there are certain things that we do not promise.

We do not guarantee, represent or warrant that your use of our website or products or services will be uninterrupted or error-free. You agree that from time to time we may remove the website, products and/or services for indefinite periods of time. You agree that we may cancel the website, products and/or services at any time, without notice to you.

You agree that your use of, or your inability to use, our website, products and/or services is at your sole risk. They are provided "as is" and "as available" for your use, without warranties of any kind, neither express nor implied, including merchantability, fitness for a particular purpose, title, non-infringement and the like. Because some states or jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

In no case shall the Treasury of Great Children's Books, its owners, directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of our website, products and/or services, or for any claim related in any way to your use of our website, products and/or services, including, but not limited to, errors or omissions, loss or damage of any kind incurred as a result of your use of our website, products and/or services, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

We shall use reasonable efforts to protect information you submit to us in connection with your use of our website, products and/or services. But you agree that your submission of such information is at your sole risk. We disclaim any and all liability to you for any loss or liability relating to such information in any way.

We do not represent or guarantee that our website, products and/or services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. We disclaim any liability relating thereto. You shall be responsible for backing up your own system, including any products purchased from us.

BUSINESS USE OF OUR SERVICES

If you are using our website, products or services on behalf of a business, that business accepts these terms. It will hold harmless the Treasury of Great Children's Books and it's affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of those terms, including any liability or expense arising from such claims, losses, damages, suits, judgments, litigation costs and attorney's fees.

WAIVER AND INDEMNITY

By using our website, products and/or services, you agree to the extent permitted by the law, to indemnify and hold the Treasury of Great Children's Books, its owners, directors, officers, employees, affiliates, agents, contractors, principals, and/or licensors harmless with regard to any claims arising out of your breech of this agreement, your use of our website, products and/or services, or any action taken by the Treasury of Great Children's Books as part of its investigation of a suspected violation of this agreement or as a result of its finding or a decision that a violation of this agreement has occurred.

This means you cannot sue or recover any damages from the Treasury of Great Children's Books, its owners, directors, officers, employees, affiliates, agents, contractors, principals, and/or licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to our website, products and/or services, or to take any other action during the investigation of a suspected violation or as a result of our conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

CHANGES

We reserve the right to modify this agreement and to impose new or additional terms. Such modifications will be effective immediately and incorporated into this agreement. Your continuing use of our website, products and/or services will be deemed acceptance thereof.

MISCELLANEOUS

This agreement constitutes the entire agreement between you and the Treasury of Great Children's Books. It governs your use of our website, our products and/or our services. It supersedes any prior agreements between you and the Treasury of Great Children's Books. You may subject to additional terms and conditions when you use our affiliate services, certain portions of our website, products and/or services, third-party content, or third-party software. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law so as to reflect, as nearly as possible, the intent of the parties. The remaining portions shall remain in full force and effect. Our failure to enforce any right or provision in this agreement will not constitute a waiver of that right or provision. We are not responsible for failure to fulfill obligations due to causes beyond our control.

We operate our website, products and services from our offices in the United States. You agree to comply with all local, state, national, and federal laws, statutes, ordinances, and regulations that apply to your use of our website, products and/or services. All transactions on our website, products and/or services are governed by Wisconsin law, without giving effect to its conflict of law provisions. Your use of our website, products and/or services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Treasury of Great Children's Books relating in any way to your use of our website, products and/or services resides in the courts of Wisconsin. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Wisconsin upon electronic transmission to the recipient. No employee or agent of the Treasury of Great Children's Books has the authority to vary this agreement.

We may notify you with respect to our website, products and/or services by sending an email message to your account email address or a letter via postal mail to your account address or by posting on our website, products and/or services. Notices shall become effective immediately.

The Treasury of Great Children's Books reserves the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement. You agree that the Treasury of Great Children's Books has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as the Treasury of Great Children's Books believes is reasonably necessary or appropriate, to enforce and/or verify compliance with any part of this agreement. This includes, but is not limited to, the right of the Treasury of Great Children's Books to cooperate with any legal process relating to your use of our website, products and/or services, and/or a third-party claim that your use of our website, products and/or services is unlawful and/or infringes such third party's rights.

These terms control the relationship between the Treasury of Great Children's Books and you. They do not create any third party beneficiary rights.

SOCIAL MEDIA

For members in certain countries, you may be able to connect your account at the Treasury of Great Children's Books to Facebook. If you choose to connect, you'll be able to take advantage of various features designed to share information with others. This is the essence of social media.

Only one Facebook account can be connected to each account at the Treasury of Great Children's Books.

While we hope that you find the Facebook feature to be a great way to share information, you may nonetheless disconnect your account at any time. Go to your My Account page, select the Manage Facebook Connect link, and then select Disconnect.

By connecting your account with us to your Facebook account, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to Facebook.

If you do not want information about you to be shared in this manner, do not use the Facebook connect feature.

NO ADVICE

Our website is not meant to be a comprehensive or exhaustive statement concerning the matters addressed. We are not offering professional or expert advice or opinions. We are not offering recommendations for purchases. You should seek appropriate, qualified, professional advice and recommendations before acting, or omitting to act, based on information gleaned from or through our website.



Last updated April 15, 2015

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