Terms and Conditions for Pergamon Codex
Last updated May 19, 2023
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
behalf of an entity (“you”) and Pergamon Codex, doing business as T@Book ("T@Book," “we," “us,"
“our”), concerning your access to and use of the https://tabook.io website as well as any other
media form, media channel, mobile website or mobile application related (including the "T@book"
mobile application, unless expressly stated otherwise), linked, or otherwise
connected thereto (collectively, the “Site”). We are registered in Romania and have our
office at Str. Castanilor, nr. 21, intrare 3, Florești, Județul Cluj 407280. Our VAT number is
RO45758170. You agree that by accessing the Site, you have read, understood, and agreed to be
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,
receive specific notice of each such change. Please ensure that you check the applicable Terms
time you use our Site so that you understand which Terms apply. You will be subject to, and will
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so
your interactions would be subjected to such laws, you may not use this Site. You may not use
Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18)
must have the permission of, and be directly supervised by, their parent or guardian to use the
Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of
prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein
“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use only. Except as
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and
the Site and to download or print a copy of any portion of the Content to which you have
gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit
be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
promptly update such registration information as necessary; (3) you have the legal capacity and
reside, or if a minor, you have received parental permission to use the Site; (5) you will not
access the Site through automated or non-human means, whether through a bot, script, or
(6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
right to suspend or terminate your account and refuse any and all current or future use of the
(or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and
be responsible for all use of your account and password.
When registering, the name fields of your profile name may only include the first, middle, and
last names of your
real or preferred professional name. T@book does not allow members to use pseudonyms, fake
names, or special characters that do not reflect your real or preferred professional name.
Legal entities that are registered or recognised by law may include company e-mail addresses
in the respective name fields. In addition, such entities may opt to use a brand name or the
name they usually do business under, provided they hold the relevant legal rights to use said
name in such a manner.
Paragraphs 2 and 3 of this section notwithstanding, users may opt to use pseudonyms, nicknames
characters in the username name field. Other relevant provisions and community guidelines still
T@book reserves the right to remove,
change a username you select, or deny the use of and access to the
platform to a user, should their name be willfully misrepresenting the users identity,
impersonating another person, brand or legal entity, or otherwise be deemed inappropriate,
obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on
use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of
Engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services
to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site,
any portion of the Site.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any
the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
utility, scraper, or offline reader that accesses the Site, or using or launching any
script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or creating
accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your
You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any manner contemplated by
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
among other things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site
by linking your account from the Site to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with the person/entity
being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of
our affiliates or partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right
and license to reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to reviews.
9. MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile application on such devices
strictly in accordance with the terms and conditions of this mobile application license contained in
engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make
any modification, adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in connection with your access
or use of the application; (4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the application; (5) use the
application for any revenue generating endeavor, commercial enterprise, or other purpose for which
it is not designed or intended; (6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same time; (7) use the
application for creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications, accessories, or devices
for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our
mobile application is limited to a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile application as specified
otherwise required under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if any, paid for the mobile application, and
to the maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i)
you are not located in a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service agreement when using
the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license contained in these
the right) to enforce the terms and conditions in this mobile application license contained in these
As part of the functionality of the Site, you may link your account with online accounts you have
with third-party service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms and conditions that govern your
use of each Third-Party Account. You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts, you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored in your Third-Party Account (the
“Social Network Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified when you link your account
with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally identifiable information
that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to
such Third Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no
effort to review any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer solely for purposes
of identifying and informing you of those contacts who have also registered to use the Site. You can
deactivate the connection between the Site and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such Third-Party Account,
except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
We allow advertisers to display their advertisements and other information in certain areas of the
Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall
take full responsibility for any advertisements you place on the Site and any services provided on
the Site or products sold through those advertisements. Further, as an advertiser, you warrant and
represent that you possess all rights and authority to place advertisements on the Site, including,
but not limited to, intellectual property rights, publicity rights, and contractual rights. We
simply provide the space to place such advertisements, and we have no other relationship with
13. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.
States. If you access the Site from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Site, you are transferring your data to the
United States, and you agree to have your data transferred to and processed in the United States.
Be advised that when performing actions such as account deletion or marking certain content
as private, cached changes may take up to 48h to propagate.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. Users can use works and other subject matter
under exceptions or limitations to copyright and related rights provided for in E.U. and national
law. Such exceptions and limitations include, but are not limited to: quotation, criticism, review,
caricature, parody or pastiche.
believe that any material available on
or through the Site infringes upon any copyright you own or control, please immediately notify us
using the contact information provided below (a “Notification”) or by completing this
. A copy of your Notification will be
sent to the person who posted or stored the material addressed in the Notification. Please be
advised that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked
to by the Site infringes your copyright, you should consider first contacting an attorney.
Your Notification must include the following, in order for us to be able to comply with the
- Legal name of the copyright owner,
- Your full legal name,
- A clear and complete description of the alleged infringement including the id of the content
on our platform,
- Your contact information,
(T@book or the uploader may need to get in touch with you about your request)
- A statement according to which you have a good faith belief that the use of the material in
the manner complained of is not authorised by the copyright owner, its agent, or the law,
- A statement declaring that, you are the owner, or an agent
authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed
and the information provided is accurate,
- And your signature. (A physical or electronic signature is required for the completion of
the take down process)
Should your Notification be incomplete, you may be contacted in order to provide the missing
information. Please note that your name and email address might be shared with the uploader.
Should you be a user whose content has been affected as a result of a Notification you will be
notified without unde delay.
You have the legal right to submit a Complaint to us. In order for your Complaint to be taken under
you must state the reasons why you believe that the content does not constitute a copyright
infringement in regards to relevant copyright law.
In case your complaint contains insufficient information, you may be contacted in order to complete
your complaint. Please not that during the
review process, your content will not be reinstated.
The Complaint will be shared with the alleged right-holder (or the agent acting on their behalf).
Should the alleged right-holder fail to offer a response in regards to your Complaint in a
we will review the Complaint without their opinion. If the complaint is considered valid following
our manual review, then your content will be reinstated.
Note that our Notification and Complaint process follows the E.U. copyright law, in particular
article 17 of the Directive 2019/790 and art. 128^2 and art. 128^3 of Romanian Law 8/1996. It does
not prevent parties from pursuing any other legal
action they deem appropriate and necessary.
16. TERM AND TERMINATION
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of
Use will be construed to obligate us to maintain and support the Site or to supply any corrections,
updates, or releases in connection therewith.
18. GOVERNING LAW
These conditions are governed by and interpreted following the laws of Romania, and the use of the
United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law of your country of residence.
Pergamon Codex and yourself both agree to submit to the non-exclusive jurisdiction of the courts of
Cluj-Napoca, which means that you may make a claim to defend your consumer protection rights in
19. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to this contract shall be determined
by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time the application for arbitration is filed, and of
which adoption of this clause constitutes acceptance. The seat of arbitration shall be Cluj-Napoca,
Romania. The language of the proceedings shall be Romanian. Applicable rules of substantive law
shall be the law of Romania.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general public or any other
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these
(5) your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254.
27. Our Service
The Service allows you to discover, watch and share video insights and other content, provides a
platform for people to connect, inform, and inspire others across the globe, and acts as a
distribution platform for readers, original content creators and advertisers large and small. We
provide lots of information about our products and how to use them in our Help Center.
28. Who may use the Service?
You may use the Service if you are at least 16 years old; however, children of all ages may use the
Service (where available) if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you must have your parent or legal guardian’s permission to use the Service.
Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use
the Service, you are subject to the terms of this Agreement and responsible for your child’s
activity on the Service. You can find tools and resources to help you manage your family’s
experience on t@book (including how to enable a child under the age of 16 to use the Service) in our
If you are using the Service on behalf of a company or organisation, you confirm to us that you have
authority to act on behalf of that entity, and that entity accepts this Agreement.
Content on the Service
The content on the Service includes videos, audio, graphics, photos, text (such as comments and
descriptions), branding (including trade names, trademarks, service marks, or logos), interactive
features, software, metrics, and other materials (collectively, "Content”). Content may be provided
to the Service and distributed by our users and t@book is a provider of hosting services for such
Content. Content is the responsibility of the person or entity that provides it to the Service. If
you see any Content you believe does not comply with these terms, such as by violating the Community
Guidelines or the law, you can report it to us via email to to firstname.lastname@example.org.
You can use parts of the Service, such as browsing and searching for Content, without having a
T@Book account. However, you do need a t@book account to use some features.
To protect your account, keep your password confidential. You should not reuse your t@book account
password on third-party applications. Learn more about keeping your account secure, including what
to do if you learn of any unauthorized use of your password or t@book account.
Any right not expressly granted to you in this Agreement remains the right of t@book or the
respective rights holders. This means, for example, that using the Service does not give you
ownership of any intellectual property rights in the Content you access (including any branding used
on or displayed in the Service).
Develop, Improve and Update the Service
t@book is constantly changing and improving the Service. As part of this continual evolution of our
digital content and services, we may make modifications or changes (to all or part of the Service)
such as adding or removing features and functionalities, offering new digital content or services or
discontinuing old ones. We may also change the Service for these other reasons:
• to adapt to new technologies
• to reflect increases or decreases in the number of people who use a particular product, service or
• to respond to key changes in the licences and partnerships we have with others
• to prevent abuse or harm
• to address legal, regulatory, safety or security issues.
In particular, we sometimes make legally-required updates, which are modifications that keep digital
content, services or goods in conformity with the law. We make these updates to our digital content
and services for safety or security reasons, and to make sure they meet the quality standards that
you expect, such as those described in our Legal Guarantee below. We may automatically install
updates that address significant safety or security risks. For other updates, you can choose whether
you want them installed.
Before we change or stop offering any part of the Service, we carefully consider your interests as a
user, your reasonable expectations, and the potential impact on you and others. We only change or
stop offering any part of the Service for valid reasons. If a modification negatively affects your
ability to access or use the Service, we’ll provide you with reasonable advance notice by email,
including a description of the changes, when they’ll take place, and your right to end your contract
with us if our modifications create more than a minor negative impact, except in urgent situations
such as preventing abuse or harm, responding to legal requirements, or addressing security and
operability issues. We’ll also provide you with an opportunity to export your Content using T@Book
Export, subject to applicable law and policies.
29. Your Content and Conduct
If you have a t@book account, you may be able to upload Content to the Service. You may use your
Content to promote your business or artistic enterprise. If you choose to upload Content, you must
not submit to the Service any Content that does not comply with this Agreement or the law. For
example, the Content you submit must not include third-party intellectual property (such as
copyrighted material) unless you have permission from that party or are otherwise legally entitled
to do so (including by way of any available exceptions or limitations to copyright or related rights
provided for in European Union law). You are legally responsible for the Content you submit to the
Service. We may use automated systems that analyze your Content to help detect infringement and
abuse, such as spam, malware, and illegal content.
System of strikes
t@book operates a system of “strikes” in respect of Content that violates the t@book Community
Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of
your account from t@book. If you believe that a strike has been issued in error, you may appeal by
e-mail to email@example.com.
If your channel has been restricted due to a strike, you must not use another account to circumvent
these restrictions. Violation of this prohibition is a material breach of this Agreement and T@Book
reserves the right to terminate your T@Book account or your access to all or part of the Service.
We provide information to help copyright holders manage their intellectual property online in our
t@book Copyright Center. If you believe your copyright has been infringed on the Service, please
send us a notice to firstname.lastname@example.org.
We respond to notices of alleged copyright infringement according to the process in our t@book
Copyright Center, where you can also find information about how to resolve a copyright strike.
t@book's policies provide for the termination, in appropriate circumstances, of repeat infringers’
access to the Service.
the Site constitute the entire agreement and understanding between you and us. Our failure to
We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
any remaining provisions. There is no joint venture, partnership, employment or agency
them. You hereby waive any and all defenses you may have based on the electronic form of these
In order to resolve a complaint regarding the Site or to receive further information regarding
use of the Site, please contact us at:
Str. Castanilor, nr. 21, intrare 3
Florești, Județul Cluj 407280