Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

1. General.

Welcome to Ekatra at http://www.ekatrabooks.com. Ekatra is an online service operated by Indi Prints LLC. "Ekatra" that provides users with access to read and purchase literary works from content providers through multiple electronic interfaces and applications (the "Service").

By registering, accessing or using the Service you signify that you have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"), which may change from time to time, whether or not you are a Registered User (as defined below) of the Service. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Ekatra reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Ekatra will post any amendments to this Terms of Use on the Service. The changes shall become effective immediately upon the publication to Service.  Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms of Use.

2.  Termination

If you do not comply with this Agreement at any time, Ekatra reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account and you will remain liable for all amounts due under your user account up to and including the date of termination, if any. In Ekatra's sole discretion and without prior notice or liability, Ekatra may discontinue, modify or alter any aspect of the Service. You agree that any termination or cancellation of your access to or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that Ekatra may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof).  Further, you agree that Ekatra shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service or any related loss of data pursuant to such termination and/ or cancellation. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Ekatra in providing the Service is to cease using the Service and cancel and/ or terminate your subscription or Registered User account, as applicable.

3. Registered Users.

The Service is open to the public but certain portions, components, content and features of the Service, such as purchases or access to eBooks, are available to individuals who register with Ekatra by creating a user account on the Service (each, a "Registered User"). Each Registered User agrees to the following:

(i) In consideration of your use of the Service, you represent that you are 13 years old or older.   If you are 13 or older but under the age of 18, you shall review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and that such parent or guardian agrees to the Agreement;

(ii) You also agree to: (a) provide true, accurate, up-to-date, and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Personal Information"); and (b) maintain and promptly update the Personal Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Ekatra has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof); and

(iii) Registered Users will receive a password and account designation upon completing the Service registration process (the “User Account”). You are responsible for maintaining the confidentiality of the password for the User Account and are absolutely responsible for all activities that occur under your password or User Account. You agree to: (a) immediately notify Ekatra of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

Any information you provide to Ekatra will be collected in accordance with, and for the express purposes set out in the Ekatra's Privacy Policy.

3. Restrictions on Use.

These terms apply to all users of the Service, regardless of whether or not you are a Registered User or have a User Account.

The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that you shall use the Service for lawful purposes only and you shall not post, upload or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, objectionable or otherwise in poor taste, or (iii) encourages or suggests behavior that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Without Ekatra's express prior approval, you shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Ekatra's sole discretion restricts, impinges or inhibits any other user from using or enjoying the Service will not be permitted.

All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement ("Site Content"), are the proprietary property of Ekatra or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Ekatra's prior written permission. Provided that you are eligible for use of the Service and subject to these Terms of Use, you are granted a limited license to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of Ekatra, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Ekatra at any time without notice and with or without cause.

You shall not upload, post, transmit or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You also agree that you have obtained all necessary rights and licenses to any such materials or content. You agree to provide accurate and complete information in connection with your submission of any materials on the Service.  You shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other forms of intellectual property and from any other harm resulting from such a submission.

By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Ekatra a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use. You grant Ekatra the right to modify, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Ekatra for sale on the Service by a content provider.

You will not obscure or misrepresent your geographical location, use proxies, forge headers, use IP spoofing or otherwise manipulate or change identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:

(a) Accessing data not intended for you, including logging into a server or User Account that you not authorized to access;

(b) Attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;

(c) Using 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 Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

(d) Conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Ekatra, to its source, or exploit the Service or any service or information made available or offered by or through the Service, 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 Service;

(e) Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Ekatra's systems or networks, or any systems or networks connected to the Service or to Ekatra;

(f) Attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";

(g) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(h) Disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Ekatra's ability to monitor or make available the Service; or

(i) Taking any action in order to obtain services to which you are not entitled.

Please be advised that violations of system or network security may result in civil or criminal liability.   As such, Ekatra will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who may be involved in such violations.

4. Disclaimer of Warranty; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER EKATRA, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.

C. IN NO EVENT WILL EKATRA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EKATRA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EKATRA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

5. Monitoring.

Ekatra shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Ekatra and to satisfy any law, regulation or authorized government request. By posting on the Site, Ekatra shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, Ekatra shall have the right to remove any material that Ekatra in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable. Although Ekatra reserves the right to remove, without notice, any posting for any reason determined solely by Ekatra, and has no obligation to delete submissions that you may find offensive.

6. Indemnification.

You agree to defend, indemnify and hold harmless Ekatra and its respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Service.

7. Trademarks.

Ekatra, http://www.ekatrabooks.com and related words, domain names and logos are trade-marks are the property of Indi Prints LLC.  All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.

8. Third Party Content.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Ekatra.  Additionally, Ekatra neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than an authorized Ekatra employee or agent while acting in their official capacities.

9. Literary Works.

All literary works at http://www.ekatrabooks.com are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for Ekatra's Registered Users' personal and non-commercial use. Any other use of literary works downloaded from http://www.ekatrabooks.com is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from Ekatrabooks.com, the Registered User hereby acknowledges and agrees to these terms.

10. Public Domain.

Some of the literary works offered on the Service have been identified as being in the public domain by certain content providers.
Ekatra does not verify the accuracy of public domain designations and is not liable for any damage that may result from your downloading or other use of literary works on the Service identified as being in the public domain by certain content providers.  If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.

11. Miscellaneous.

This Agreement constitutes the entire agreement between you and Ekatra and governs your use of the Service, superseding any prior agreements between you and Ekatra. You also may be subject to additional terms and conditions that may apply when you use affiliate 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 to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Ekatra's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Ekatra will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Service is operated by Ekatra from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by North Carolina law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Ekatra or relating in any way to your use of the Service resides in the courts of the State of North Carolina. You agree that the risk of loss and title for all electronically delivered transactions pass to you upon electronic transmission to you. No Ekatra employee or agent has the authority to vary this Agreement.

Ekatra may notify you with respect to the Service by sending an email message to your Registered User email address or a letter via postal mail to your Registered User mailing address, or by a posting on the Service. Notices shall become effective immediately.

Ekatra reserves the right to take steps Ekatra believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Ekatra has the right, without liability to you, to disclose any Personal Information and/or user account information to law enforcement authorities, government officials, and/or a third party, as Ekatra believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Ekatra's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third-party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).