GENERAL TERMS OF USE
1 August 2019
Ws Mode is a website, mobile application, and related services company that provides for the consumption and publication of written and audio-based digital content. These General Terms of Use (the “Terms”) set out the terms and conditions by which Ws Mode offers you access to use and enjoy Ws Mode.com (the “Site”), the Ws Mode mobile application (the “App”), and all services provided by Ws Mode ( the “Services”).
Ws Mode is owned and operated in the Netherlands and all countries.
The term “Account” refers to a basic Ws Mode account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”). The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).
The following General Terms of Use is a legal contract between You, either an individual User or a single entity, and Ws Mode regarding your use of the Site and Apps. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, POSTING, DOWNLOADING FROM, SUBSCRIBING TO, OR USING WS MODE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF WS MODE IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WS MODE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Eligibility.
Ws Mode is not available to persons under the age of majority in their place of residence or to any Users whose access to Ws Mode was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity. BY USING WS MODE, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as Ws Mode is not intended for children under 13.
2. Privacy; Additional Terms.
Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information on how we collect, use, and disclose Your personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. The Subscriber Agreement is also hereby incorporated into these Terms by reference.
3. Individual Features and Services.
When using Ws Mode, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Subscription.
Ws Mode offers access to premium and exclusive content by means of a Subscription. A Subscription entitles You to access an All our content, (including in the future) number of eBooks and audiobooks during the subscription period. Your access to the applicable content and related purchase transaction are subject to the Subscriber Agreement.
5. Modification of these Terms and Services.
Ws Mode reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices, including the Subscriber Agreement, and the Terms and Conditions at any time. If we do so, we will inform You either by posting the modified Terms here or through other communications. Your continued use of Ws Mode after the posting of changes constitutes Your binding acceptance of such changes. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. Digital Millennium Copyright Act.
Ws Mode respects copyright law and expects its users to do the same. It is Ws Mode’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Ws Mode’s copyright-related policies and procedures are further described at the Copyright Resource Center.
7. Ws Mode License Grant.
7.1 License Grant to Ws Mode Mobile App
(i) copy, modify or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party;
(iii) reverse engineer, decompile or disassemble the App; or
(iv) make the functionality of the App available to multiple users through any means. Ws Mode reserves all rights in and to the App not expressly granted to You under these Terms.
7.2 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, Ws Mode hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device only within the ws mode app), except as. Please see the Subscriber Agreement for applicable terms.
7.3 Reservation of Rights.
Ws Mode reserves all rights not expressly granted in these Terms.
7.4 Prevention of Unauthorized Use.
Ws Mode reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.
8. Content Disclaimer.
You understand that when using Ws Mode You will be exposed to content only from whetstone books. 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 Ws Mode with respect thereto. Ws Mode 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 content that allegedly does not conform to these Terms, Ws Mode may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. Ws Mode does not permit copyright infringing activities.
9. Prohibited Conduct.
It is our goal to create an experience where anyone can read or listen to books in a comfortable and safe environment. We have developed rules that are designed to help achieve this goal. In addition to the general rules below, additional restrictions are enumerated in the Prohibited Activity and Content Notice.
10. Account
It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If You have reason to believe that Your Account is no longer accurate or secure, then You agree to immediately notify Ws Mode by emailing support@Ws Mode.com.
11. Third-Party Sites, Products and Services; Links.
Ws Mode may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Ws Mode, Ws Mode does 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 Ws Mode are solely between You and such advertisers. 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.
12. Termination; Terms of Use Violations.
12.1 Ws Mode.
You agree that Ws Mode, at its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) You may have with Ws Mode or Your use of Ws Mode and remove and discard all or any part of Your Account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your Account is if You do not log into Your Account for an extensive period of time; however, we will not terminate Your Account for inactivity if You continue to pay the fees associated with a Subscription. Ws Mode may also in its sole discretion and at any time discontinue providing access to Ws Mode, or any part thereof, with or without notice. You agree that any termination of Your access to Ws Mode or any Account You may have or portion thereof may be effected without prior notice, and You agree that Ws Mode will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Ws Mode may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Subscription Membership, please see the Subscriber Agreement for additional terms applicable to the cancellation of Your Account.
12.2 You.
Your only remedy with respect to any dissatisfaction with (i) Ws Mode, (ii) any term of these Terms, (iii) any policy or practice of Ws Mode, or (iv) any content or information transmitted through the Services, is to cancel Your Account and to stop using Ws Mode. You may cancel Your Account at any time through the account settings panel after You have logged into the Site or the App, or by sending an email to support@Ws Mode.com requesting a cancellation of your Account. You may terminate these Terms at any time by canceling Your Account and discontinuing use of Ws Mode.
12.3 Effect of Cancellation or Termination.
Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”
13. Proprietary Rights.
The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, Services, and all other elements of the Site and Apps provided by Ws Mode (the “Materials”) are protected by Netherlandscopyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Ws Mode acknowledges that You retain ownership of any Descriptive Information You may post on Ws Mode, subject however to Your grant to Ws Mode of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of Ws Mode. All Materials contained on Ws Mode are the property of Ws Mode or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Ws Mode or its affiliates and/or third-party licensors. Except as expressly authorized by Ws Mode, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. Ws Mode reserves all rights not expressly granted in these Terms.
14. Indemnification.
You agree to indemnify, save, and hold Ws Mode, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Ws Mode, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Ws Mode reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Ws Mode, and You agree to cooperate with Ws Mode’s defense of these claims. Ws Mode will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WS MODE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WS MODE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM WS MODE INCLUDES WS MODE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
16. Limitation of Liability and Damages.
16.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WS MODE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON WS MODE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH WS MODE, EVEN IF WS MODE OR A WS MODE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF WS MODE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF WS MODE OR YOUR INTERACTION WITH OTHER WS MODE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING WS MODE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
16.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN WS MODE AND RECEIVED THROUGH OR ADVERTISED ON WS MODE OR RECEIVED THROUGH ANY REFERENCE SITES.
16.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT WS MODE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WS MODE, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WS MODE. WS MODE WOULD NOT BE ABLE TO PROVIDE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
17. Dispute Resolution.
17.1 Governing Law.
For customers of Ws Mode, Inc., these Terms will be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. For customers of Ws Mode México S.A. de C.V., these Terms will be governed and construed in accordance with the laws of the United Mexican States (México). For customers of Ws Mode Netherlands B.V., these Terms will be governed and construed in accordance with the laws of the Netherlands.
17.2 Agreement to Arbitrate.
17.3 Class and Representative Action Waiver.
17.4 Arbitration Rules.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available here or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
17.5 Arbitration Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a general Demand for Arbitration, a separate Demand for Arbitration for California residents, and other forms here. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
17.6 Arbitration Location and Procedure.
Unless You and Ws Mode otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed €10,000, then the arbitration will be conducted solely on the basis of the documents that You and Ws Mode submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds €10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
17.7 Arbitrator’s Decision.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. If You prevail in arbitration You will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Ws Mode will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
17.8 Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed €75,000, Ws Mode will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
17.9 Changes.
Notwithstanding the provisions of the “Modification of these Terms” section above, if Ws Mode changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email to support@Ws Mode.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Ws Mode’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Ws Mode in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
18. Miscellaneous.
18.1 Notice.
Ws Mode may provide You with notices, including those regarding changes to Ws Mode’s terms and conditions, by email, regular mail, or postings on a Ws Mode-affiliated website. Notice will be deemed given twenty-four hours after email is sent, unless Ws Mode is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on Ws Mode is deemed given ten days following the initial posting.
18.2 Waiver.
The failure of Ws Mode to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ws Mode.
18.3 Severability.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
18.4 Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Ws Mode without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
18.5 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18.
18.6 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7 Entire Agreement.
These Terms (including all Guidelines, Notices, and Terms incorporated herein) and the Subscriber Agreement as applicable, are the entire agreement between You and Ws Mode relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Ws Mode as set forth in section 5 above.
18.8 Claims.
YOU AND WS MODE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WS MODE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18.9 Disclosures.
The services are offered by Ws Mode Inc., located at: Ws Mode, Inc., 460 Bryant St, #100, San Francisco, CA 94107-2594 USA, and email: support@WsMode.com. 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.
19. Promo Codes
Please refer to Section 7 of the Subscriber Agreement.
SUBSCRIBERS TERMS AND CONDITIONS
1. Other terms incorporated.
The following additional terms, policies, and rules are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:
Unless defined in this Agreement, all capitalized terms used in this Agreement have the meaning given in our General Terms of Use and Privacy Policy.
2. Subscription.
Ws Mode provides You with access to eBooks, audiobooks, articles, and other content from participating publishers (“Subscription Content”) by means of a Subscription (“Subscription”), under which Ws Mode, grant You a limited, nonexclusive, non-transferable, revocable and personal license to access and use all Subscription Content available under Your Subscription for Your personal entertainment and informational purposes. Your Subscription is separate and distinct from Your free Ws Mode account (“Account”). In most cases, you may continue to use Your Account once You or Ws Mode terminates your Subscription. The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access Subscription Content.
3. 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 Ws Mode.com or the Ws Mode 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 the Subscription is conditioned upon timely payment of Your Subscription; and You will not have access to Subscription Content if Your Subscription is cancelled, allowed to lapse, or terminated for non-payment.
Your subscription entitles you to access an All our content number of books and audiobooks in the Ws Mode library 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. Ws Mode 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 Ws Mode by such content or the nature of Your use of the Ws Mode.com website. Ws Mode makes no guarantee as to the availability of specific titles or the timing of their availability.
4. Payments and Billing
Your access to and use of the Subscription Content is subject to the following restrictions:
1. Fees, charges, and any materially different terms from those described to you in this Agreement will be disclosed to you at sign-up or in other communications made available 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 dollars (U.S.), or, whenever possible, Your equivalent local currency. The currency used to charge You for Your subscription payments depends on the billing country where Your payment method is located. Ws Mode’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 Ws Mode reserves the right, in its 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 Ws Mode 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 Ws Mode 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 annual or monthly Subscription fee (“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 Ws Mode. We may also periodically authorize Your payment method in anticipation of applicable fees or related charges. Your Subscription continues until cancelled by You or we terminate Your access to, or use of, the Services or the Subscription in accordance with this Agreement (and the General Terms of Use which forms part of this Agreement).
5. Ws Mode 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 a Ws Mode Subscription, provided that Ws Mode 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 cancelling 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.
5. Refunds and Replacements.
All fees and charges are nonrefundable and there are no refunds or credits. If there is proof that we receive any payments with your account ID, we will correct and active the intended subscription.
6. Cancellation of Subscriptions.
You agree that Ws Mode 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.
2. Refunds. As defined in section 5 of this agreement, all fees and charges are non-refundable.
7. Promo Codes
If Ws Mode offered any Promo codes, it 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 Ws Mode. 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. Ws Mode reserves 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. Removal of Content
Ws Mode 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 Ws Mode removes or deletes a particular piece of Subscription Content, Ws Mode reserves the right to revoke Your access to the content. If Ws Mode revokes Your access, Ws Mode may provide a refund to You or offer You another form of compensation at Ws Mode’s sole discretion.
9. 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 General Terms of Use for additional terms applicable to the cancellation or termination of Your account. Upon any cancellation or termination of this Agreement and/or Your account, 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.
