Terms of Use | MagicBlox Online Kid's Book Library

Your browser is not supported. Please consider upgrading to a newer browser.

Terms of Use

Terms of Use

A Note About Our Community

MagicBlox is a place where children can access a large collection of ebooks appropriate for their age and reading level. We feature kids books with pictures, text, sounds, narrations, animations, videos, and other dynamic content. Our books come from authors and publishers from all over the world and every one of them is reviewed and approved before going onto our shelves. Our users range from pre-school toddlers learning to read to middle school kids who want to spend the day curled up reading a good story.

Our community has another maxim: that we support copyrights, which means that you cannot post content that you don't own or have permission to publish. We take all allegations of copyright violation very seriously. To that end, if you believe that material on MagicBlox.com violates your copyright, you are encouraged to notify MagicBlox via support for each piece of content. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MagicBlox or others, MagicBlox may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MagicBlox will have no obligation to provide a refund of any amounts previously paid to MagicBlox or owed to the user.

Below, you will find the terms and conditions for participation as a member in our community, where you will have rights to be involved in forums and groups, to purchase access passes, and publish your own books into our library. Please don't hesitate to contact us if you have any questions about the terms of this agreement.

Terms of Use: Contents

Please read these terms carefully, since your registration and indication of acceptance of these terms creates a binding legal agreement. You accept these terms by creating a user account. If you choose to accept these terms upon registration, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by MagicBlox. If you do not accept these terms, you will not be allowed the rights of a member.

   1. Legal Agreement

   2. Introduction

   3. Content

   4. Privacy

   5. Payment Terms and Promotional Codes

   6. Returns

   7. User Registration and Information

   8. Terminating Membership

   9. Restrictions on Use of Content

  10. Disclaimers; No Warranties; Limitation of Liabilities

 

1. Legal Agreement

The terms and conditions set forth in this document apply to all persons (“you”) who register as members of MagicBlox's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and MagicBlox LLC. ("MagicBlox").

Please read the information below carefully. By using the Site as a member, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement. We encourage you to print and keep a copy of this Agreement for reference.

This Agreement, including the Terms of Use, together with any other terms provided and agreed during the publishing process (if you choose to publish Content) or provided by MagicBlox in connection with purchase of any particular Content, constitute the entire agreement between us concerning use of the Site and delivery of goods and services by MagicBlox.

 

2. Introduction

MagicBlox is a library that gives parents and children access to great books at an affordable price and authors and publishers a means to distribute their work and be seen by the world. We provide a service to enable Users to publish, and other people to purchase, access to digital content in online, eBook, or other electronic formats. Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials.

 

3. Content

Content includes messages and other materials that you post to forums, groups, or other locations on the Site that can be viewed by other users of the Site, as well as material that you might submit for publication or other distribution through the Site. When you post Content on MagicBlox's website through forums or groups, you keep your copyright, but you grant MagicBlox the nonexclusive right to post, display, copy, and modify that Content in connection with the operation of the Site and MagicBlox’s business and to sell or otherwise transfer that Content in connection with transfer of operation and/or ownership of the forum, group or other location to which the Content was posted.

If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when you post it in forums or groups or when it is sold. By including Personal Data in the Content you provide, you authorize MagicBlox to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.

By uploading or posting Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:

  • Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to MagicBlox for use as described above without charge to MagicBlox and, in either case, that the Content does not contain any Personal Data about any individual other than you.
  • Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
  • Does not invade any individual's right of privacy or publicity;
  • Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. For more information about what is acceptable for General Access (general availability to the public), please read our Availability Settings guidelines;
  • Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, passwords, or personal information (including Personal Data);
  • Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or MagicBlox rule or policy;
  • Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
  • To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person.

 

As a MagicBlox community member, you will not transmit or post Content that violates the terms described above. In addition to complying with all restrictions on conduct and Content contained in this Agreement (and the Terms of Use), you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.

MagicBlox reserves the right to refuse to permit posting of or to remove from the Site any Content or other materials that MagicBlox, in its sole discretion, deems in violation of this Agreement.

In addition, you represent and warrant that provision of the Content to MagicBlox for use as described above does not conflict with any arrangements or agreements between you and any other person or entity.

MagicBlox reserves the right to place advertising, promotions or sponsorships before or after and around your Content.

You are solely responsible for any Content you upload or post to the Site. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold MagicBlox responsible for any inadvertent damage to, corruption of or destruction of the Content. MagicBlox is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. MagicBlox will not be responsible for archiving or backing-up any Content. If any Content transmitted to MagicBlox is damaged, lost or corrupted in any way, MagicBlox will have no obligation or liability to you.

Because MagicBlox provides a creator-controlled publishing tool, MagicBlox cannot and does not accept responsibility for the quality of the Content (including misspelled words, grammatical errors, factual errors, poor quality pictures, etc.), its formatting, design or overall appearance. The creator approves the visual presentation and content of each item and bears responsibility for its quality and presentation. MagicBlox's staff monitors the appropriateness of each book and anonymous comment prior to publication on the Site for the purpose of allowing kids under age 13 to read them.

 

4.  Privacy

In general, MagicBlox collects Personal Data when you register, when you use MagicBlox services and when you visit MagicBlox pages or pages related to the Content posted on MagicBlox pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you, and to improve MagicBlox services. MagicBlox endeavors to limit access to your Personal Data to only those MagicBlox employees, agents and service providers who reasonably need access to complete these purposes. You may view and edit your account information at any time from your Account page.

MagicBlox will disclose Personal Data under the following circumstances:

  • In response to subpoenas, court order, other legal process, to establish or exercise MagicBlox's legal rights or defend against a legal claim, or as otherwise required by law;
  • As necessary to investigate, prevent, or take action regarding violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
  • To MagicBlox's trusted partners who work on MagicBlox's behalf under confidentiality agreements; and
  • If MagicBlox is acquired by or merged with another company, to that company.
  • If you have enabled the Thank You Note buyer notification option, in which case you consent to MagicBlox's displaying the publisher name and e-mail address you provide for Thank You Note correspondence to purchasers of your Content.

 

MagicBlox will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of MagicBlox's Privacy Policy.

If you include your Personal Data in Content that you post on the Site, that information may be widely available to other users. MagicBlox does not exercise any control over those users and cannot guarantee that your Personal Data will be protected as described in MagicBlox's Privacy Policy. If you do not want your Personal Data to be displayed as part of the Content you post, then you must delete it prior to posting. Remember, you may not include Personal Data about other people in your Content. You also may not use Personal Data about other MagicBlox Users in a way that is inconsistent with MagicBlox's Privacy Policy. If you do, you will have violated the terms of this Agreement, and MagicBlox may terminate your membership.

MagicBlox is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on MagicBlox's site.

MagicBlox will set and access cookies as described in MagicBlox’s Privacy Policy, for the purpose of managing your access to the Site and delivering services to you. Please reference your browser's "Help" menu to learn how to change cookie preferences.

Your Personal Data does not include your MagicBlox username, and any information you make available through your Public Contact settings. Your MagicBlox username and Public Contact information may be displayed on the Site to other users by changing your preferences on your Account page.

For a complete description of MagicBlox's use and disclosure of your Personal Data and for our contact information regarding privacy issues, please review MagicBlox'sPrivacy Policy.

 

5. Payment Terms and Promotional Codes

In order to purchase a Membership Access Pass or other products on or through the Site, Users must possess either a valid credit card or a PayPal account (https://www.paypal.com). Payment is required at the time that such Content, services are ordered.

MagicBlox.com Promotional Code Rules & Restrictions

  • Each promotional offer ("offer") claim code can be used only once.
  • Limit one offer per household.
  • The offer must be redeemed at our Web site, http://www.MagicBlox.com, toward the purchase of services and or products sold by MagicBlox.com.
  • Offer cannot be redeemed at any other Web site operated by MagicBlox, its affiliates, or third-party merchants (including Web sites linked to or from the http://www.MagicBlox.com site).
  • The offer cannot be used to pay for taxes, or shipping and handling charges.
  • If the offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
  • If you are ordering items to be shipped to more than one address, a separate order will be created for each address. The offer will be applied to only one of the resulting orders. Some offers may not be combined with other offers in the same order. Generally, only one promotional claim code may be used per order.
  • Each offer is valid for a limited time only and expires on the date specified in the offer.
  • The offer's cash value is 1/100th of one cent.
  • The offer is not for resale and is not redeemable for cash.
  • The offer cannot be applied to purchases already completed with MagicBlox.com.
  • If there is a problem with items purchased using a promotional code and MagicBlox grants a refund, you will not receive a refund for the amount of the offer.
  • When you redeem an offer, MagicBlox can tell that you are part of a select group of customers to whom the promotional code was sent or distributed. For more information about data that MagicBlox collects from our customers, please read our Privacy Policy.

 

6. Refunds

You may downgrade your access pass at any time to avoid future payments. Refunds for any access pass membership will only be allowed during the first 14 days of any month of service. If a user has completed more than 14 days of a monthly subscription, we will not refund that month of service. MagicBlox will only refund for months beyond the current 30 day period that have not started. If you purchase an annual access pass, you will have up to 30 days to receive a refund. No refunds will be issued on annual access passes after 30 days. Once it is determined that a refund can be issued, we will return the refunded amount within 30 days.

 

7. User Registration and Information

It is important that you correctly complete the information requested in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.

You will have the opportunity to select a username and password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and password, and (b) maintaining the confidentiality of your username and password. Only one individual may access the Site at the same time using the same username and password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or password or any other breach of security regarding the Site of which you are aware. MagicBlox may refuse to grant you a username or password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.

 

8. Retiring Content and/or Terminating Membership

When you choose to 'retire' or 'delete' your published Content from MagicBlox, it will no longer be available or visible to other visitors in the library. If your Content has not been read during the month you delete it, it will be removed immediately. If the Content has earned a portion of the author revenue, we will remove the book from the searchable library to prevent future use, but we will keep the Content on the server in order to properly calculate royalties due. The exceptions to your ability to remove Content are as follows:

  • Content retained in our archives to the extent required by our data backup systems or, at MagicBlox's discretion, for archival purposes;
  • Content that is pending royalty payments will be held on the server but remain unavailable for readers to find it in the library.

 

MagicBlox does not retain any residual rights to deleted or retired Content other than those outlined above.

If you choose to terminate your membership, the terms above regarding the status of Content you have uploaded remain applicable.

You may terminate your membership by following the “Cancel Account” link on your My Account page, or by contacting support with a specific request to do so. The provision of the Terms of Use allowing you to terminate by not using the Site is not applicable to this Agreement. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by MagicBlox. If you choose to terminate your membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payments, service fees, disclaimers, limitations of liability, indemnification, and proprietary rights shall survive termination.

Content that you have posted to the Site, other than Content that has been published, will not be deleted or retired as a result of your termination. MagicBlox will retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of MagicBlox’s backup procedures.

 

9. Restrictions on Use of Content

If you purchase access to our Content on the Site (including free Content), you agree to the following restrictions with respect to such acquired Content access and the information contained therein:

  • You may not print or download any Content from the Site;
  • Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is not permissible;
  • The Content owners who publish their Content to MagicBlox retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party except as may be expressly allowed in the terms under which the Content is provided to you; and
  • You will not remove or obscure any proprietary rights notices contained in or on the Content.

 

10. Disclaimers; No Warranties; Limitation of Liabilities

With regard to the Disclaimers; No Warranties section of the Terms of Use, notwithstanding the disclaimers of warranties in that section, warranty law varies from state to state and country to country. Some jurisdictions do not allow disclaimer of the implied warranty of merchantability on consumer products, and you may also have other rights that vary from jurisdiction to jurisdiction. To the extent that any implied warranty may apply, the term of such warranty is limited to two months after purchase. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

With regard to the Limitation of Liability section of the Terms of Use, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion stated in that section may not apply to you.

 

Welcome to our community!

 

Revision date: 29 January 2013