VitalSource Technologies LLC Terms and Conditions of Use
These Terms and Conditions of Use (the “TOUs”) set forth the terms and
conditions for your use of the VitalSource Store (the “Site”) and your use of
the reader software (including any associated documentation and any updates
to that software) and the digital content that can be read by that software
that we make available for download from the Site (respectively "Software"
and "Licensed Content" and together "Products"). These TOUs also apply to any
of the services accessible through any Software or Site (the “Services”),
unless separate or additional terms apply, in which case they will be
displayed on-screen or accessible via a link.
The Site and the Products are operated by VitalSource Technologies LLC
(“VitalSource,” also “we,” “our,” and “us”). We are a limited liability
company, formed under the laws of the State of Delaware in the United States.
Our registered number is 2411480, and our principal office is at One Ingram
Boulevard, LaVergne, TN 37086.
You agree with and accept these TOUs as a condition of your use of the Site
and Products. If you do not agree with the terms of these TOUs, do not access
or use the Site or Products. We reserve the right to change these TOUs from
time to time. Users of the Site are advised to please refer back to
these TOUs periodically to review any changes we may make from time to time.
Users of Products will be notified with the TOUs being displayed on-screen or
with a link to the updated TOUs when you next start the Software or download
new Licensed Content, although no such changes will apply retrospectively.
You warrant to us that you have the authority to enter into an agreement with
us on the terms of these TOUs.
These TOUs were last updated on May 16, 2018.
License and Use
We grant you a limited, non-exclusive, non-transferable license to access the
Site and any Product for your personal use only. Any commercial use, use in
violation of these TOUs, or use for data collection and/or profit is not
You may retrieve and display content from the Site or any Product on a
computer or other device, print and copy individual pages and, subject to the
next section, store such pages in electronic form on that device. Additional
terms may also apply to certain features, parts or content of the Site and,
where they apply, will be displayed on-screen or accessible via a link
You must only use the Site or Product and anything available from the Site or
a Product for lawful purposes (complying with all applicable laws and
regulations), in a responsible manner, and not in a way that might damage our
name or reputation or that of any of our affiliates.
You remain responsible for:
all of your activity on and in connection with the Site and/or Product;
all of the content and details that you submit into, or post onto, the
Site or any Product ("Your Content");
what you access on the Site or Product, how you interpret or use the Site
or Product and any actions you may take as a result of using the Site or
Access to the Site and Products
Products may only be downloaded, accessed and used on a computer or other
device owned or controlled by you and running the relevant operating system
for which the Product concerned was designed, so you must make sure you have
a compatible device which meets all the necessary technical specifications to
enable you to download any Product you wish to download and to access and use
each downloaded Product.
You will be assumed to have obtained permission from the owner of any
computer or other device that is controlled, but not owned, by you to
download any Product to that device. You accept responsibility, in accordance
with these TOUs, for all access to, and use of, any Product by you on any
device, whether or not it is owned by you.
You acknowledge that the mobile service provider for any mobile device to
which you download, or on which you access or use, any Product may charge for
internet access on that device.
We may, from time to time, restrict access to certain features, parts or
content of the Site or a Product, or the entire Site or Product, to users who
have registered with us. You must ensure that any registration details you
provide are accurate and you must keep those details accurate and up to
date. You agree that VitalSource may, at any time and with or
without prior notice, remove Licensed Content from the Service or Site if we
determine, in our sole discretion, that we do not possess the appropriate or
necessary rights to provide you with access to such Licensed Content. In the
event VitalSource elects to remove Licensed Content from the Service AND SUCH
REMOVAL OCCURS WITHIN THE FIRST 12 MONTHS FOLLOWING YOUR DATE OF PURCHASE,
you agree that your sole and exclusive remedy shall be a refund of all
amounts previously paid by you to VitalSource for the removed Licensed
Content. IN THE EVENT VITALSOURCE ELECTS TO REMOVE LICENSED CONTENT FROM THE
SERVICE AT ANY TIME AFTER 12 MONTHS FROM YOUR DATE OF PURCHASE OF SUCH
LICENSED CONTENT, YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO ANY REFUND FROM
If you choose, or you are provided with, a log-on ID (such as a username and
password or other identifier) as part of our security procedures, you must
treat such information as confidential and must not reveal it to anyone else.
You are responsible for all activities that occur under your log-on ID and
must notify us immediately of any unauthorized use or other security breach
of which you become aware. We reserve the right to disable any log-on ID, at
any time, if in our opinion you have failed to comply with any of the
provisions of these TOUs or if any details you provide for the purposes of
registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free
operability of the Site, Services or any Product or that any Site or Product
content will respond at a certain speed (since this depends on a number of
factors outside our control). Specific service level agreements between
VitalSource and an institution or other business entity may be a part of
another agreement, and such an SLA would not be bound by this paragraph.
We reserve the right to withdraw or suspend the operation of any Product or
the Site, with or without notice to you, if we need to do so for security or
You may, at any time, terminate the rights granted to you under these TOUs to
access and use any Product by permanently uninstalling and deleting your copy
of that Product, and removing the specific machine activations you have
Paid-for Licensed Content
The downloading of paid-for Licensed Content may require you to pay a fee,
the amount of which will be as set out on the Site from time to time, unless
you have been issued with a code (for example, by an institution with whom
you are studying, a publisher or retailer of a publication you have already
purchased in hard copy) in which case you may redeem that code against an
Payment for all orders must be made by credit or debit card via the checkout
page. We use a reputable third party payment services provider to take
payment. Payment is accepted by most major credit and debit cards. Payment is
taken, in full, immediately. You should be aware that online payment
transactions are subject to validation checks by your card issuer and we are
not responsible if your card issuer declines to authorize payment for any
reason. Please note, it is possible that your card issuer may charge you an
online handling fee or processing fee. We are not responsible for this.
The relevant download will be made available immediately when payment is
authorized or you enter a valid code and you acknowledge that this is the
case and that, therefore, you will have no right to change your mind
(sometimes known as a ‘cooling off’ right) once the download has started.
Where you pay to download any paid-for Licensed Content, we warrant that it
will, when downloaded, substantially comply with the description provided by
us at the point of download and that any services we provide through it will
be provided with reasonable care and skill.
What you are not allowed to do
rent, lease, loan, sell, license, or transfer access to the Site or
Product to any third party or exploit the Site or Product for commercial
purposes or otherwise use any information on the Site or in a Product (either
directly or indirectly) for profit or gain;
copy or store any Product or the Site (or any part thereof) other than
for your own non-commercial, personal use;
store the Site or any Product on a server or other storage device
connected to a network or create a database;
interfere with, disrupt, alter, translate, or modify the Site or Product
or any part thereof, or create an undue burden on the Site or Product or the
networks or services connected to the Site or Product, nor attempt to
circumvent the security of any servers on which the Site or Product is
reverse engineer, decompile, disassemble, or reverse compile the Site or
introduce software or automated agents or scripts to the Site or Product
so as to produce multiple accounts, generate automated searches, requests and
queries, or to strip, scrape, or mine data from the Site or Product;
transmit, distribute, introduce or otherwise make available in any manner
through the Site or Product any computer virus, keyloggers, spyware, worms,
trojan horses, time bombs or other malicious or harmful programming; or
use any Product of the Site in a way that might damage our name or
reputation or that of any of our affiliates;
export any Product in breach of the applicable export or import laws of
publicly display, perform, republish, or reproduce any Product or any
product we make available for download from the Site (including without
limitation by way of email, newsgroups, file or discussion areas, intranet or
internet site or any other means);
tamper with, bypass or alter any security, digital rights management, or
other licensing enforcement procedures relating to the Product, Site or
otherwise, do anything not expressly permitted by these TOUs.
All rights granted to you under these TOUs will terminate immediately in the
event that you are in breach of any of them.
To do anything with any Product that is not expressly permitted by these
TOUs, you will need a separate license from us. Please contact us, using
the Contacting us details at the end of these TOUs.
Use of your personal data submitted to us (via our Site or any Product) is
part of these TOUs. If you have not already read our
Cookies Notice, you should do so now.
We license, but do not sell, to you any Product you download. We or the
licensors of the Licensed Content remain the owners of all Products at all
All intellectual property rights in any content of the Site, the Licensed
Content, and in each Product and its content (including VitalSource®,
VitalSource Bookshelf® and other trademarks, text, graphics, software,
photographs and other materials, images, videos and audio) (collectively,
“Content”), other than Your Content, are owned by VitalSource or our
licensors. Except as expressly set out herein, where necessary for viewing
the Content on the Site or your browser, or as permitted by applicable law
which may not be excluded or limited, nothing in these TOUs gives you any
rights in respect of any intellectual property owned by us or our licensors
and you acknowledge that you do not acquire any ownership rights by
downloading the Site or any Product or any of its content.
In the event you print off, copy or store pages from the Site (only as
permitted by the “License and Use” section of these TOUs), you must ensure
that any copyright, trademark or other intellectual property right notices
contained in the original content are reproduced.
The Software may contain code, commonly referred to as open source software,
which is distributed under any of the many known variations of open source
license terms, including terms which allow the free distribution and
modification of the relevant software’s source code and/or which require all
distributors to make such source code freely available upon request,
including any contributions or modifications made by such distributor
(collectively, "Open Source Software"). Please note that, to the extent that
any Software contains any Open Source Software, that element only is licensed
to you under the relevant license terms of the applicable third party
licensor ("Open Source License Terms") and not under these TOUs, and you
accept and agree to be bound by such Open Source License Terms. A copy of the
source code for any Open Source Software contained in any Software and the
relevant Open Source License Terms will be made available to you upon
We may change the format and Content of the Site from time to time without
notice. We reserve the right to change the design, features and/or
functionality of any Product or Service by making the updated Product or
Service available for you to download or, where your device settings
permit it, by automatic delivery of updates. You are not obliged to download
any updated Product or Service, but we may cease to provide and/or update
content to prior versions of any Product or Service and, depending on
the nature of the update, in some circumstances you may not be able to
continue using a Product or Service until you have downloaded the updated
Since electronic services are subject to interruption and breakdown, you
agree that your use of the Site is on an 'as is' and 'as available' basis and
at your sole risk. You also agree that downloading, accessing and use of any
Product or Service is on an 'as is' and 'as available' basis and at your sole
We may, but are not obliged to, make updates available to any Product or
Service or its content and we may cease to make such updates available at any
time, with or without notice to you.
Parts of the Site, Product or Service may not be correct, accurate, reliable,
complete or up to date from time to time. You should check with us or the
relevant information source and make any other appropriate inquiries before
acting on any such information, and notify us if you notice any inaccurate,
incomplete or out of date Content on the Site or in a Product or Service.
Neither we nor our licensors can guarantee that any content of the Site or
any Product or Service and its content will be free from viruses or other
code that may have contaminating or destructive elements, or that access to
the Site, Products or Service will function as intended or be uninterrupted.
It is your responsibility to implement appropriate IT security safeguards
(including anti-virus and other security protections) to satisfy your
particular requirements as to the safety and reliability of the Site, any
Product or Service.
Products for download
VitalSource makes available Products for download by you through the Site.
Prices are displayed with the applicable Product or Service. Prices and
availability of all Products and Services are subject to change at any time
without notice before we accept your order. Prices may or may not be
inclusive of applicable sales, use, or other taxes; however, such taxes shall
be identified, calculated and collected at the point of sale. A confirmation
email will be provided after the checkout for each order. We are not
responsible for any interruption to or failure in any communication or
process, howsoever caused, which results in an order, or in any payment or
payment details not being received or processed by us. A payment will be
regarded as received when we are able to credit or transfer the amount
required into our designated bank account. Products and their download are
subject to these TOUs.
You must be 13 years of age or older to download any product from the Site.
While individuals under the age of 13 may use any product, they may do so
only with the involvement, supervision, and approval of their parent or legal
guardian or at the direction of their school instructors and administrators.
Third-party links and tools
The Site and certain Products may, from time to time, include links to
external sites or applications owned, operated or produced by third-party
organizations independent of us, which may include links to third party
offers and promotions. We include these for convenience only, to provide you
with access to information, products or services that you may find useful or
interesting. We have not verified and are not responsible for the content of
these sites or for anything provided by them and do not guarantee that they
will be continuously available. The fact that we include links to such
external sites does not imply any endorsement, sponsorship or recommendation
of, or association with, their operators or promoters or any materials on
Certain tools, devices, software programs or other features available on or
through the Site or Products may be provided by third parties. These tools
are provided or made available as a convenience to you. These tools are not
owned or operated by us and we are not responsible for examining the content,
availability, accuracy, adequacy, timeliness, validity, copyright compliance,
legality, decency, quality, completeness or any other aspect of these tools.
Nothing in these TOUs is intended to limit or exclude our liability to you or
the liability of our licensors to you:
for death or personal injury caused by our negligence; or
for fraudulent misrepresentation,
or to exclude, restrict or modify rights which you may have under any law
which may not be excluded, restricted or modified by agreement (“Your
Consumer Rights”). You can find out more about Your Consumer Rights from
consumer organizations and bodies such as your local Trading Standards Office
or Citizens Advice Bureau.
Subject to the above (including Your Consumer Rights), in no event shall we
or our licensors be liable to you for:
any business losses;
any losses that were not reasonably foreseeable; or
any failure to perform, or delay in performance of, any of our
obligations that is caused by events outside our reasonable control.
If you suffer any loss in connection with the Site or Product, you must take
all reasonable steps to minimize your loss, including notifying us without
delay if there are steps we can take to help minimize your loss. Any
liability we do have for losses you suffer shall not, in aggregate, exceed
the total fees paid by you for the relevant paid-for Product in respect of
which the liability arises.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VITALSOURCE AND/OR
ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS
INTERRUPTION, INABILITY TO STUDY, TEACH OR LEARN, LOST INFORMATION OR OTHER
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE VITALSOURCE PRODUCT.
IN ALL EVENTS, VITALSOURCE’S SOLE OBLIGATION OR LIABILITY UNDER THIS
AGREEMENT IN THE AGGREGATE IS THE REPLACEMENT OR REPAIR OF THE MEDIA ON WHICH
THE VITALSOURCE PRODUCT IS PROVIDED OR A REFUND OF THE PURCHASE PRICE PAID
FOR THE VITALSOURCE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE.
EXCEPT AS SET FORTH HEREIN, THE VITALSOURCE PRODUCTS ARE FURNISHED BY
VITALSOURCE TO YOU ON AN "AS IS" AS-AVAILABLE BASIS. ALL WARRANTIES OF ANY
TYPE NOT EXPRESSLY STATED IN THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED BY VITALSOURCE AND ITS LICENSORS. NO
REPRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF THE VST
PRODUCT UNLESS EXPRESSLY INCORPORATED IN THIS AGREEMENT.
You may not transfer or assign any or all of your rights or obligations under
All notices given by you to us must be given in writing to the address set
out at the end of these TOUs.
If we fail to enforce any of our rights, that does not result in a waiver of
If any provision of these TOUs is found to be unenforceable, all other
provisions shall remain unaffected.
These TOUs may not be varied except with our express written consent.
These TOUs and the Other Terms represent the entire agreement between you and
us in relation to their subject matter.
These TOUs shall be governed by the laws of Tennessee, and you agree that the
courts of Tennessee (and courts of appeal from them) have exclusive
jurisdiction to resolve any disputes arising under or in connection with
these TOUs. Nothing shall prevent us from bringing proceedings to protect our
intellectual property rights before any court of competent jurisdiction.
We may terminate, disable, lock, block or suspend your access to the Site or
any Product if you fail to comply, or if we suspect on reasonable grounds
that you have failed to comply, with any of the TOUs. In the event of such
termination, you must cease all use of the Site and/or Product, and
VitalSource may immediately revoke your access to the Site and/or Product.
All provisions which by their nature survive termination will survive the
termination of these TOUs.
If you have any questions, comments, or requests regarding these TOUs, please