Terms of Service

1.  Blio General Terms of Service

1.1
These terms of service ("Terms of Service") set forth the rights and obligations applicable to your use of our Service and constitute a legally binding agreement between you and K-NFB Reading Technology, Inc. ("KNFB", "we", "our" or "us"). We will use the term "Service" to refer, individually or collectively, to (a) the proprietary digital or other content services which currently includes, but is not limited to, our Electronic Books Service, including any co-branded versions thereof, (b) each of the associated websites, (c) the Content, (d) the Service Software, and (e) all of the services, features, functions and promotions associated with or offered in connection with our Service as well as all related operations and activities. If a particular term is not defined in the text (generally where it is first used), you can find a list of definitions in Section 12, below.

1.2.
We offer you Electronic Book downloads through our Service which are accessible with the Client Software and Device Software described below. There may be additional terms and conditions or end user license agreements that apply to the Service, including, without limitation, the use of Client Software, Device Software, Service Software, Content and other features, functions and promotions. We will advise you of these additional terms and/or agreements when you use or attempt to use the Service. Your failure to accept and agree to those terms and/or agreements may prevent, restrict and/or limit your ability to use the Service.

1.3.
By using or attempting to use our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by all of its terms and conditions. If you do not agree with any of the terms and conditions of these Terms of Service, do not use or attempt to use our Service.

1.4.
Information and answers to frequently asked questions (FAQs) regarding the Service and the Service Software are available by going to the www.blioreader.com web page or visiting the "HELP" link on the Blio Service homepage. If you have any other questions regarding these Terms of Service, or if you would like to contact us for any other reason, write to K-NFB Reading Technology, Inc., 15 Walnut Street, Wellesley, MA 02481.

2.  License; Reservation of Rights.

2.1. Limited License.
By accepting these Terms of Service, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right to use the Service solely for the purposes of downloading, reading, listening to, and viewing Content in connection with the Service.

2.2. Additional Limitations.
We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using our Service and you expressly agree that your use of our Service is solely at your own risk. You agree that you will only use our Service for non-commercial personal use and for no other purpose and no one other than you will use the Service under the license granted to you. Your right to use our Service is not assignable or transferable. Other than the limited license granted in this Section 2, you have no other right, title or interest in the Service and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to Content will be limited by copyright law and by these Terms of Service.

3.  Description of our Service.

3.1. Your Service Account and Registration Information.
You may browse, preview, and search within the Service without opening a Service Account or providing Registration Information. However, to otherwise use the Service, including to obtain Content or to receive RSS Feeds, you must register and open a Service Account, provide Registration Information to us, and, if applicable, install the Client Software. If you wish to terminate your Service Account, you can do so by contacting Customer Support by going to the www.blioreader.com web page or visiting the "HELP" link on the Blio Service homepage.

3.2. Your Service Account Library.
We will maintain a library of the Content that you download, which will be visible to you through the Client Software on each of your Registered PCs and Registered Untethered Devices, up to the applicable Permissible Device Number.

3.3. Viewing and Transferring Content.
There may be Content, products and/or devices featured in the Service that you can browse, preview or search but which you may not otherwise be able to obtain or purchase depending on your place of residence and the permitted Territory for the applicable Content, product(s) or device(s).

Once you download Content to a Registered PC or a Registered Untethered Device, you may view that Content an unlimited number of times on that Registered PC or Registered Untethered Device through your Client Software or Device Software, as applicable. You may also transfer the Content from your Service Account to your Registered Portable Devices that are within your applicable Permissible Device Number. You may not transfer, copy or export Content from one device to another or to any media of any kind without maintaining the applicable digital rights management solution.

3.4. Cookies.
If you erase, block or restrict cookies in connection with your use of the Service, your online experience and use of our Service will be limited. For example, you may not be able to log in or otherwise participate in certain promotions and you may not be able to view certain web pages, including, but not limited to, co-branded web pages.

3.5. RSS Feeds.
The Service provides access to an index of text RSS Feeds at no charge to you. You may subscribe to any number of available text RSS Feeds.

4.  Periodicals and Subscription Service.

4.1 Periodicals.
We may, as part of the Service, offer single issue of or subscriptions to periodical content. Subscriptions may include, at our discretion, a free, limited trial period. You may cancel your subscription at any time during the trial period and the credit card registered in your Service Account will not be charged. If you do not cancel your subscription prior to the end of the trial period, your subscription will continue as of the Subscription Renewal Date and the credit card registered in your Service Account will be charged for the price of the subscription. You are eligible only for one free trial per periodical.

4.2 Subscription and Automatic Renewals.
If you subscribe to receive periodical Content, your subscription Content will be delivered automatically to your Service Account on the day of issue for each issue of Content applicable to your subscription (i.e., a daily issue for most newspapers). Your subscription will continue and will automatically renew until you cancel the subscription through the Service. The credit card registered in your Service Account will be charged as of each Subscription Renewal Date unless you terminate or cancel the subscription prior to the Subscription Renewal Date. Once purchased or renewed, subscriptions are non-refundable, non­transferable or subject to proration. If you cancel your subscription prior to the Subscription Renewal Date, you will continue to receive your subscription through the end of the then current subscription period. If you wish to terminate your subscription, you can do so by contacting Customer Support by going to the www.blioreader.com web page or visiting the "HELP" link on the Blio Service homepage.

5.  Promotions; Promotional Codes.

5.1. Promotions.
We, other KNFB entities and certain third parties may from time to time place advertisements or present promotional offers and materials on the Service. Your participation in any promotion or offer is subject to the applicable rules associated with the promotion. Your dealings with other entities or third parties and your participation in third party promotions or offers that are advertised or presented on the Service are solely between you and such third party. Please note that you must be at least 13 years of age and you must reside in the United States or Canada to participate in any promotion or offer that is in connection with or related to the Service in any way unless we permit otherwise or impose additional restrictions as set forth in the applicable rules. Please note, however, that we reserve the right to exclude residents of Quebec from certain sweepstakes, contents and promotions.

5.2. Promotional Codes.
In connection with certain promotions or promotional offers, you may receive a valid promotional code for credits, downloads or other rights from the Service, which may be provided to you in the form of a card, coupon, or other promotional instrument, material or announcement (each a "Promotional Code"). Promotional Codes are valid for the value communicated with the Promotional Code and the promotional offer. In order to redeem a Promotional Code, you must follow the applicable redemption instructions related to the applicable promotion and Promotional Code. For terms relating to the use or redemption of a Promotional Code, please view the terms and conditions at the www.blioreader.com web page. Use or redemption of Promotional Codes is subject to all applicable rules, expiration dates, service charges and any other limitations and restrictions associated with the applicable promotional offer, promotional materials, or Promotional Code.

5.3. Violation of Rules.
If we believe that you have violated the rules associated with any promotion, Promotional Code, offer or the Service, or if you have redeemed a fraudulent Promotional Code or a Promotional Code obtained through fraudulent methods, we have the right to request alternative forms of payment from you, and have the right to close your Service Accounts. Closure of your Service Accounts may affect your ability to access your Content. If at any time you believe that we have closed your Service Accounts or otherwise terminated your rights to the applicable Service in error, please contact Customer Support by going to the www.blioreader.com web page or visiting the "HELP" link on the Blio Service homepage.

5.4. Expiration; Cancellation.
Promotional Codes, special products, offerings and promotions displayed on the Service are considered no longer valid as of the earliest of (i) the expiration date, (ii) the date stated in the applicable rules or otherwise with the offer or Promotional Code, or (iii) as of the date the special product, offering or promotion is removed from the Service. Additionally, all products, offerings and promotions are subject to change or cancellation at any time by us without notice.

6. Gift Cards; Prepaid Cards; Additional Terms.

6.1. Gift Cards.
You may have the option to purchase gift certificates from the Service, which may be given by you to others as a gift (each a "Gift Card"). To purchase a Gift Card, follow the instructions provided on the Service and be sure to review all terms and conditions and disclosures concerning Gift Cards before completing your purchase. Please note that if you purchase a Gift Card from the Service for an individual that resides outside of the Territory, is under the age of 13, or is otherwise unable to comply with or agree to these Terms of Service, that individual will not be able to redeem or use the Gift Card on the Service. After you purchase a Gift Card as a gift, it will be emailed or otherwise delivered to the intended recipient at the recipient email address, phone number, or mail address, as applicable, you provided at the time of your purchase. We reserve the right to charge your credit card for the value of the Gift Card you purchase. You may not pay this charge using any credits to your Service Account. Gift Cards are not refundable, exchangeable or cancelable once purchased and are subject to all Gift Card Terms and Conditions available on the Service. Gift Cards are only valid at the Service and within the Territory.

6.2. Prepaid Cards.
You may have the option to purchase from third party retail locations download cards and prepaid cards (collectively, "Prepaid Cards") that indicate that they work with the Service. Once purchased, you may either use these Prepaid Cards to download or otherwise receive Content from the Service or you may provide these Prepaid Cards to others as a gift so they may download or otherwise receive Content from the Service. Prepaid Cards are valid for the value communicated with the Prepaid Card. Please note that Prepaid Cards sold in retail stores must be activated at the retail store register. Prepaid Cards will not work with the Service unless they are properly activated. Be sure to review all terms and conditions and disclosures associated with a Prepaid Card before you purchase a Prepaid Card. Please note that if you provide a Prepaid Card to an individual that resides outside of the Territory, is under the age of 13, or is otherwise unable to comply with or agree to these Terms of Service, that individual will not be able to use the Prepaid Card on the Service. Prepaid Cards are subject to all terms and conditions associated with the Prepaid Cards in retail, all terms and conditions that are provided with the Prepaid Card and any other applicable terms and conditions that may be provided through the Service. Prepaid Cards purchased in a particular territory may only be used to download or receive Content through the Service operating within the applicable territory.

7. Additional Restrictions.

Your use of the Service is also subject to the following restrictions:

7.1. Our Rules and Policies.
You agree to abide by all of the terms and conditions in these Terms of Service. These Terms of Service will be enforced in a nondiscriminatory manner to all end users of the Service, and may include, without limitation, required or automated updates, modifications and reinstallations of the Service Software, and obtaining available patches to, among other reasons, address security, interoperability, performance and/or other issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you while your computer is connected to the Internet. In addition, you understand that the Service Software may be developed to be capable of monitoring itself and may create a unique system identification for your Registered PC and Registered Portable Device for security-related and tamper-detection purposes. Your copy of the Service Software and your access to certain applications that communicate with it, as applicable, are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied content-protection policies. You understand and agree that this would likely result in Content that was previously available for use being unavailable thereafter.

7.2. Territory.
The Service is only available for use by users with a credit card with a United States or Canadian billing address (collectively, and as applicable, the "Territory"). You understand that if you are a Canadian resident, that you will only have access to Content available for distribution in Canada and that if you are a United States resident, that you will only have access to Content available for distribution in the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from outside of the Territory applicable to you. By using or continuing to use the Service, you represent, covenant and agree that you comply with the applicable Territory requirements at all times while you maintain a Service Account.

7.3. Age Requirement.
You must be at least 18 years of age to agree to and accept these Terms of Service on your own behalf unless otherwise permitted by us. If you are under 18 years of age, but are at least 13 years of age or older, your parent or legal guardian must accept these Terms of Service and register for the Service on your behalf unless we permit otherwise. In compliance with the Children's Online Privacy Protection Act ("COPPA"), as such may be amended from time to time, if you are under the age of 13, you are asked not to provide any information to us either through downloading any Service Software, using the Service, participating in or entering any promotions, contests or sweepstakes related to the Service, or through any other activity. If we have any knowledge that you are under 13 years of age and without express parental consent, any information you submit will not be retained by us, as described in our Privacy Policy. We believe that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of Content available on the Service and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.

7.4. Prohibited Conduct.
You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or Content

7.5. Restriction on Use Related to the Service.
Because the Service includes security components, special rules and policies apply. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Service or the Content, including any service marks or trademarks contained within the Service and/or the Content. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Service, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose. You agree not to copy, sell, modify, distribute or otherwise transfer Content from your Registered PC, Registered Untethered Device and Registered Portable Device to any unregistered device. You agree to not spider, crawl, index, or in any non-transitory manner store or cache any metadata attached to public domain Content that is accessed through the Service. Any such violation may result in the termination of your access to such metadata.

7.6. Restriction on Use Related to Service Account.
You may only open a Service Account for yourself, and not for any other person, subject to the provisions of the section above entitled "Age Requirement". Except in the event a parental control option is made available by us and such option is selected by you, you agree that you will not allow others to use your Registration Information and/or Service Account and agree that you are solely responsible for maintaining the confidentiality and security of the same. You agree to notify us immediately of any unauthorized use of your password and/or Service Account by contacting Customer Support by going to the www.blioreader.com web page or visiting the "HELP" link on the Blio Service homepage.

7.7. Restriction on Use Related to Content.
The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance, or any use that would result in the commercial redistribution of the Content or any metadata underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content. Any digital rights management solution that is provided with Content is an inseparable part. If you have Content, it is your responsibility not to lose, destroy or damage such Content.

7.8. Restriction on Use Related to the Service Software.
You agree, to the extent you use Service Software, you will not, either directly or indirectly: (i) rent, lease, loan, sell, assign, sublicense, copy, or distribute the Service Software in whole or in part; (ii) use the Service Software or any portion thereof to create any tool or software product that can be used to create software applications of any nature whatsoever; (iii) remove, alter, cover, obfuscate, and/or otherwise deface any trademarks or notices on the Service Software; (iv) disclose, divulge or otherwise make available the Service Software, including without limitation any portion or source code thereof, to any third party; and/or (v) modify, alter, duplicate, reproduce, copy, disassemble, reverse engineer, circumvent or emulate the functionality, decompile or otherwise reduce to human readable form, tamper with, or create derivative works from or of the Service Software, any of the security components of the Service Software, special rules, or other protection applications for any reason whatsoever, without the prior written consent of us or our licensors, as applicable. The Service Software specifications may be subject to change without notice. You may not use the Service Software over an internal network or distribute the Service Software to other computers over an internal network.

U.S. Government Restricted Rights and Export Provision.

The Service Software is or will be, as developed, "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the Service Software are limited by the terms of this Terms of Service, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. You agree by installing, copying, or otherwise using the Service Software and the Service that: (i) you do not reside in a country subject to embargo or export controls by the U.S. Government; (ii) you are not on the List of Denied Persons as published by the U.S. government; and (iii) you will not use the Service Software or the Service for any illegal purpose. Because the Service Software, the Service, and related technical data are subject to U.S. export controls, you agree that you shall not upload, export or "re-export" (transfer) the Service Software or the Service unless you have complied with all applicable U.S. export controls.

8. Charges and Billing

8.1. Agreement to Pay.
You agree to pay for all Content that is not obtained by means of a Gift Card, Prepaid Card, Promotional Code, or which is not offered to you by us for free.

8.2. Credit Card Transactions.
You may be asked during the Service Account registration process to provide us with your credit card information. In the event you use your credit card to make purchases on the Service, we may, in our discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your Service Account confidential and you will be responsible for any charges that are incurred by any person through your Service Account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge on the Service. If any of your billing information changes, you must update that information by contacting Customer Support or changing your Service Account information online on the Service. By providing your credit card information to us, you are acknowledging and agreeing that we may keep your credit card information, unless you make a request to Customer Support that your credit card information be removed, in which case it will be removed as stated in the Privacy Policy. By providing your credit card information to us, you agree that you will consult the terms and conditions that are imposed by your credit card issuer for notification requirements and limitations on your liability for loss, theft or unauthorized use of your credit card. You agree that you, and not the Related Entities, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties. You agree that you will not provide to us any credit card information for any credit card that is not issued in your name or by banks outside the United States or Canada.

8.3. Taxes.
Purchases from any of the Services may include federal, state, provincial and/or local sales, goods and services and other taxes (where applicable) and such taxes will be based on the best available address information. In such cases, the sales tax rate in effect at the time purchases are made on the Service will apply. If the applicable tax rates change before the applicable purchase has been completed, the new tax rate(s), effective at the time of completion of purchase on the Service, will apply. You are not eligible for tax exemptions for purchases made on the Service. Other product and service limitations and disclaimers may apply.

8.4. Refund Policy.
There are no refunds when a purchase is made on the Service, including subscriptions to periodicals and any autorenewal of a subscription that is not cancelled prior to the Subscription Renewal Date. When you click to confirm your purchase or download, your purchases are charged to the credit card on file with us, which corresponds with your Service Account; however if you have a valid credit in your Service Account, which is applicable to the purchases you are making, you may be able to use that credit. We may determine that Service Account credits may not be used due to a violation of any promotional terms or any trial offer terms, these Terms of Service, and any other terms issued by us.

8.5. Right to Change Prices.
All prices related to the Service are subject to change by us at any time, without notice and without liability to you. We do not provide price protection or refunds in the event of a price drop or a promotional offering.

8.6 United States Currency.
Unless otherwise stated, all prices are quoted across the Service in (US$) United States dollars. Purchases made through the Service from residents outside of the United States (i.e., Canadian customers) shall pay the equivalent in their local currency (in addition to any service fees that may be charged by their credit card issuer).

9. Special Notices.

As a user of the Service, please note the following:

9.1. Privacy.
By downloading, installing, activating or using the Service (including, without limitation, registering on the Service), you consent to the collection and processing of all information related to you and your use of the Service, including Registration Information. This information is obtained and collected by us and handled pursuant to the terms of the Privacy Policy, which is expressly made a part of these Terms of Service by this reference. By agreeing to these Terms of Service, you are also agreeing to the Privacy Policy. Review the Privacy Policy by going to www.blioreader.com . The Privacy Coordinator who manages and administers our policies and practices, with respect to management of Personal Information, and to whom complaints and inquiries can be contacted at: privacy@blio.com .

9.2. Accuracy of Information.
You represent and warrant that all information (including Registration Information and responses to polls and surveys) you provide to us is correct, complete, and current, and you agree to update such information as necessary. You also agree that any information provided by you to us will not violate any law or regulation or infringe the rights of any third party. Please note you are responsible for providing your most current Registration Information to us.

9.3. Certification of Residency and Capacity to Contract.
By opening a Service Account or otherwise using the Service, you represent and warrant to the Related Entities that you are a resident of the applicable Territory, that you reside in the applicable Territory at all times while you access or use your Service Account, and that you are capable of entering a contract under the laws of your jurisdiction.

9.4. Nature of Content.
You understand that by using the Service and accessing the Content, you may encounter materials that you may find to be explicit, offensive, or otherwise objectionable. We may include, if available, information related to ratings, content type, and descriptions, if such information is provided by the applicable owners of the Content. However, we are not responsible for the accuracy of any such information. You agree to the following, irrespective of whether or not the Service includes parental control functions, and irrespective of the extent to which you use such parental control functions: (a) it is your responsibility to determine which Content meets your standards; and (b) under no circumstances will any Related Entity or its content delivery providers be liable in any way for any Content that you have access to. Nevertheless, you agree to use the Service at your sole risk and that the Related Entities shall have no liability to you for any Content contained on the Service.

9.5. Risk of Use.
The Related Entities assume no responsibility and shall not be liable for any damages to, or viruses that may damage your computer equipment or other property on account of your access to, use of, downloading, or browsing the Service.

9.6. Links from Other Web Sites to Third Party Sites; RSS Feeds.
We are not responsible for the Content or availability of any RSS Feeds or web sites linked to the Service or any third-party web sites which are linked to or from the Service. Your accessing RSS Feeds or linking to other web sites is entirely at your own risk. Any RSS Feeds or links are provided for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the web site. We disclaim all warranties, express or implied, as to the accuracy, quality, or otherwise of any materials or information contained on such RSS Feeds and web sites.

9.7. Action for Violation of Intellectual Property Rights.
If we receive a notice alleging that you have engaged in behavior that infringes any Related Entities' or a third party's intellectual property rights or reasonably suspect the same, we may suspend or terminate your access to the Service without notice to you. If we take action under this Section, we shall have no liability or responsibility to you, including for any amounts that you have previously paid or any credits that you have on the Service.

9.8. Our Right to Change These Terms of Service.
We reserve the right to modify, add to, change or remove any part of these Terms of Service at any time, with or without notice. You should therefore periodically visit this page, by clicking on the hyperlink entitled "Terms of Service" or "TOS" at the bottom of the Service homepage to review the then-current Terms of Service. In case of any material change to these Terms of Service, we will replace the "Terms of Service" or "TOS" link on the bottom of the Service homepage with a link entitled "Terms of Service Updated 4/15/10" for no less than 30 days. All changes to these Terms of Service will be effective when posted, and your continued use of the Service after the posting will constitute acceptance of, and agreement to be bound by, those changes. You may provide notice to us of any objection to such revised terms within thirty (30) days after they are posted; please send any such objection by email to Customer Support by going to the www.blioreader.com web page or visiting the "HELP" link on the Blio Service homepage. If you do not agree to (or cannot comply with) these Terms of Service as amended, your sole remedy is to stop using the Service.

9.9. Our Right to Make Changes to the Service.
We may add, change, discontinue, remove, or suspend any materials incorporated into the Service, including features, promotions, Promotional Codes, prices and specifications of products described or depicted on the Service, temporarily or permanently, at any time, without notice and without liability. In addition, we and/or the owners of the Content may, from time to time, remove Content from the Service without notice, and we may at any time lose the right to make certain Content available. In such event, you will no longer be able to obtain or view certain Content.

9.10. Delivery of Content.
On occasion, technical problems may delay or prevent delivery to you of Content. In such an instance, your sole remedy will be either replacement of such Content or refund of the price paid for such Content, if applicable, at our discretion. Refunds are not available for Content obtained through a promotional offering unless expressly indicated otherwise.

9.11. Our Rights to Your Postings.
By posting messages, reviews, inputting data, or engaging in any other form of communication through the Service (if so permitted by us and the Service), you represent that you have all the rights to make such posting, that such posting does not infringe the rights of any third party, and you agree that we may copy, sublicense, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If our use of such Content exploits any proprietary rights you may have in such material, you agree that we have an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, Content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. Once you submit a review, rating or other posting to us, you may only request that a revision or other modification be made to your review or posting (or that your review or posting be withdrawn) by contacting Customer Service by going to the www.blioreader.com web page or visiting the "HELP" link on the Blio Service homepage. We do not guarantee that any such request will be honored or that any requested revision, modification or request for withdrawal will be honored within any specific time period. Please also note that you will not be notified if your request to Customer Service in connection with your review, rating or posting is honored, or if a determination is made not to honor your request. For any reason whatsoever, at any time and with or without notice to you other than as provided herein, we reserve the right to review, monitor and/or remove your review, rating, posting or submission, or to edit or remove language that we deem objectionable or offensive from your review, rating or posting. Further thereto, you shall not post or transmit any content, information or messages that: (i) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (ii) harasses or advocates harassment of another person, (iii) could be harmful to minors, (iv) exploits people under the age of 18 in a sexual or violent manner, (v) provides instructional information about illegal activities, (vi) or uses the Services for commercial purposes (i.e., posting/transmitting submissions containing advertising or promotes contests, sweepstakes, barter and/or pyramid schemes). In addition, we reserve the right to refuse to post your review, rating or posting, in whole or in part, for any reason whatsoever, including, but not limited to, that we consider the applicable materials offensive or improper. Finally, any and all submissions of any materials or communications using the Service will be treated by us, without exception, as non-confidential and non­proprietary.

9.12. No Professional Advice.
Any information supplied by one of our employees or agents whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance in connection with your use of the Services, and does not constitute legal, tax, accounting or other professional advice of any kind and may not be relied for any purpose, including without limitation, as the basis for any claim or action. Individual situations and applicable laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person in connection with or using any information obtained using the Services.

10. Intellectual Property.

10.1.Trade Secrets and Proprietary Materials.
The Service contains and/or embodies copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the Service and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the Service which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.

10.2.Copyright.
Our Service is protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. In addition, the Services and the website are protected, among other ways, under copyright laws as a collective work and/or compilation pursuant to applicable United States, Canadian and foreign laws. The Content and Service Software, without limitation, is licensed, not sold. All title and copyright in and to Content and Service Software (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the Service Software), and any permitted copies, derivations and modifications of the Content and Service Software, are owned by us or our licensors. You agree to comply with all applicable copyright protection laws in connection with your use of the Service and the Content. In addition to these Terms of Service, we may take appropriate measures to protect copyright of the Content and the Service Software.

10.3.Trademarks.
You cannot use any of the trademarks or protected copyright materials found on and within the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes. Blio and our logos are our trademarks. Nothing contained on the Service should be construed as granting by estoppel or otherwise, any license or right of use to any trademark. Please note that the trademark listed herein is periodically updated such that neither this list nor its updates are all-inclusive lists of the trademarks. For questions pertaining to any of the trademarks, please send inquiries to K-NFB Reading Technology, Inc., 15 Wellesley, MA 02481, Attn: Copyright Agent.

Other Trademarks used on the Service are the trademarks of their respective owners.

10.4. Use of Digital Files Other than Content.
We do not represent or guarantee that the Service will successfully import or support any digital files that are not Content. Further, we do not purport to grant you any rights to use digital files other than the Content acquired from the Service in accordance with these Terms of Service. Such files must be purchased or otherwise rightfully obtained by you and may be subject to another grant of rights from third-party copyright holder(s) and other legal rights holder(s) (please note that there may be more than one copyright involved in any file). If you violate copyright laws, there may be fines or criminal charges brought against you, even if you do not obtain any commercial benefit from the illegal copies. We respect the intellectual property rights of others, and we expect you to do the same.

10.5.Copyright Notice.
We respect the intellectual property of others and require that its users do the same. You may not place any material protected by copyright through the Service without the express permission of the author or owner of the copyright in that material.

We will promptly take down or block access to infringing or allegedly infringing material on its servers if we become aware that such material infringes the copyright rights of a third party, whether we identify such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party. We will promptly contact the entity responsible for the allegedly infringing content (the "Owner"), and alert them to the allegations of infringement, and of our take-down or blocking of the allegedly infringing material. If the Owner believes that the removal or blocking of their material was a result of a mistake or a misidentification of the material, the Owner shall provide us a counter-notification establishing the Owner's rights to display the material in question, as well as any other information we shall request. Upon receipt, we will promptly forward the counter-notification to the party that claims to be the copyright owner. It that party then does not file suit to enjoin the alleged infringement, we will repost or unblock the material within 14 days after receiving the counter notification.

If you believe that any Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Agent named below:

K-NFB Reading Technology, Inc. 15 Walnut Street
Wellesley, MA 02481
Attn: Copyright Agent
Phone: 781-263-000
Email: support@blio.com

11. Miscellaneous Terms.

11.1.Remedies.
You agree that any unauthorized use of the Service will result in irreparable injury to the applicable Related Entities, as applicable, for which money damages would be inadequate. Therefore, in such event, the Related Entities, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Service shall be construed to limit remedies available pursuant to statutory or other claims that the Related Entities may have under separate legal authority. You understand and agree that your cancellation of your Service Account is your sole right and remedy with respect to any dispute with the KNFB Related Entities.

11.2.Indemnification.
You agree that you will defend, indemnify and hold harmless the Related Entities against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the Service, or any breach by you of these Terms of Service, and you agree to reimburse Related Entities on demand for any losses, costs or expenses they incur therefrom.

11.3.Term; Termination.
These Terms of Service shall remain in effect until terminated as provided herein. These Terms of Service and your right to use the Service is subject to immediate termination, without notice, (a) if you breach (or we reasonably suspect that you have breached) any provision of these Terms of Service, or (b) upon our discontinuation of our dissemination or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice. Upon termination, you must cease all use of the Service. If we terminate these Terms of Service, or suspend your Service Account for any of the reasons set forth in these Terms of Service, the Related Entities shall have no liability or responsibility to you, and we will not refund any amounts that you have previously paid.

11.4. DISCLAIMERS; LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SERVICE SOFTWARE IS AT YOUR OWN SOLE RISK. THE SERVICE AND ALL PORTIONS THEREOF ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND BY THE RELATED ENTITIES, AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE RELATED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE RELATED ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY RELATED ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE, SYSTEMS, MOBILE DEVICES, OR REGISTERED PORTABLE DEVICES YOU USE TO ACCESS THE SAME. SHOULD ALL OR ANY PART OF THE SERVICE PROVE DEFECTIVE YOU (AND NOT A RELATED ENTITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION OR REPLACEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE RELATED ENTITIES.

WE MAKE NO WARRANTY THAT ANY PARTICULAR REGISTERED PC OR REGISTERED PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEMS WILL FUNCTION CORRECTLY WITH THE SERVICE.

THERE IS NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. THE RELATED ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE SOFTWARE WITH RESPECT TO ITS PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO US AND/OR ANY RELATED ENTITY. THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT BE PERMITTED BY SOME JURISDICTIONS AND THUS, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL ANY RELATED ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.

THE SERVICE MAY CONTAIN VIEWS, ADVICE, STATEMENTS AND OPINIONS, WHICH REPRESENT THE VIEWS, ADVICE, OPINIONS AND STATEMENTS OF THE INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF ANY RELATED ENTITY. THE RELATED ENTITIES DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY VIEW, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS. SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND CANNOT BE ATTRIBUTED TO THE RELATED ENTITIES. RELIANCE UPON SUCH VIEWS, OPINION, ADVICE, STATEMENT OR OTHER INFORMATION SHALL ALSO BE AT YOUR OWN RISK. THE RELATED ENTITIES SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, TIMELINESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMMUNICATION LINE FAILURE, ALTERATION OR USE OF THE AUTHOR'S WORKS, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THEREFROM. THE RELATED ENTITIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE AUTHOR'S MATERIALS.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL THE RELATED ENTITIES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE SERVICE, THESE TERMS OF SERVICE OR THE SUBJECT MATTER OF ANY OF THE FOREGOING, UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA, LOSS OF REVENUE, LOSS OF USE AND ANY DOWNLOADS OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S TIME, EVEN IF A RELATED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, INCLUDING THE LIMITATIONS ON USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR. LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE RELATED ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10. YOU ALSO ACKNOWLEDGE TO AND FOR THE BENEFIT OF THE RELATED ENTITIES THAT THE SERVICE SOFTWARE, AS WITH MOST SOFTWARE, MAY CONTAIN BUGS AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SERVICE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PHYSICAL OR ENVIRONMENTAL DAMAGE OR FINANCIAL LOSS. THE RELATED ENTITIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS SUFFERED AS A RESULT OF SUCH A FAILURE OF THE SERVICE SOFTWARE OR A BREACH OF SECURITY INVOLVING THE SERVICE SOFTWARE, WHETHER OR NOT SUCH LOSS OR BREACH RESULTS FROM THE DELIBERATE, RECKLESS, OR NEGLIGENT ACTS OF ANY PERSON OR MAY HAVE BEEN FORESEEABLE.

UNDER NO CIRCUMSTANCES SHALL THE RELATED ENTITIES BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CONTENT, OR ANY USE OF THE SERVICE OR SERVICE SOFTWARE TO DEVELOP. DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, SLANDEROUS, LIBELOUS OR OBSCENE, THAT PORTRAYS ANY PERSON IN A FALSE LIGHT, THAT CONSTITUTES AN INVASION OF ANY RIGHT TO PRIVACY OR AN INFRINGEMENT OF ANY RIGHT TO PUBLICITY, THAT VIOLATES OR INFRINGES ANY THIRD PARTY'S RIGHTS OR THAT VIOLATES ANY FOREIGN, FEDERAL, STATE OR LOCAL STATUTE OR REGULATION.

11.5. Choice of Law and Venue.
The Services provided hereunder are controlled by, and made available through, K-NFB Reading Technology, Inc. By accessing the Services, you agree that all matters relating to your access to, or use of, the Services shall be governed by the laws of the Commonwealth of Massachusetts applicable to contacts made, entered into and wholly performed within the Commonwealth of Massachusetts, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You agree that any claim or dispute with any Related Entity or arising out of or relating to these Terms of Service, the Service or your use of any of the foregoing will be brought in an appropriate state or federal court located within the geographic boundaries of the United States District Court for the District of Massachusetts. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. THE PARTIES SHALL NOT RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM, THE LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS OR THE LIKE IN ANY SUCH ACTION OR SUIT. To the extent permitted by law, the provisions of these Terms of Service shall supersede any provisions of the Uniform Commercial Code and the Uniform Computer Information Transactions Act as adopted or made applicable to the Service or the Service Software in any jurisdiction.

11.6. Entire Agreement and Severability.
These Terms of Service and the Privacy Policy incorporated herein (and any amendment or revision by us to either) together constitute the entire agreement between you and us with respect to its subject matter and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, between you and us with respect to the subject matter hereof. Except as expressly set forth herein, these Terms of Service may not be amended, modified, or supplemented by the parties in any manner, except by a written instrument signed by one of our authorized officers. If any part of these Terms of Service is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Service will be interpreted so as to reasonably affect the intention of the parties. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or Content or extent of such section. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by one of our authorized officers. These Terms of Service will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of one of our authorized officers.

11.7. Subsequent Owner of the Service; Merger/Acquisition.
By using the Service, you agree that we or one of our companies may at the time of a merger, acquisition, or sale of the Service or all or substantially all of our or such company's assets assign our rights and obligations regarding the Service to an applicable subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Terms of Service and privacy policy of the subsequent owner or operator of the Service.

11.8.Third Party Beneficiaries; Co-Branded Parties.
When you visit a version of the Service that displays our (or KNFB) branding or logos and the branding or logos of one or more third parties or affiliates, you are visiting one of our unique co-branded versions of the Service. In each of these instances, the applicable third party or affiliate is referred to in this Terms of Service as a "Co-Branded Party". In such instances, the Co-Branded Party shall be deemed a third party beneficiary under this Terms of Service with the ability to enforce any of the provisions that we can enforce under this Terms of Service.

11.9. Survival.
The paragraphs of these Terms of Service entitled "Indemnification", "Limitation of Liability", "Choice of Law And Venue", "Charges and Billing", "Our rights to Your Postings", "Remedies", and "Disclaimers" will survive its termination.

12. Definitions.

"Client Software" means the Blio Reader PC Software available for download at the Service.

"Content" means and refers to the written works(including in their entirety books, newspapers, magazines, journals, and any other such written content), music, video, images, text and other material that may be obtained by you in digital form from the Service either by streams or by download, which content is owned by us or our third party licensors, suppliers, service providers, advertisers, business or promotional partners or sponsors and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. For the avoidance of ambiguity, Content includes, without limitation, all written content, games, music, audio, video, audio-visual, text, graphics, messages, information in digital, electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectable elements, tangible or intangible, of our Service.

"Device Software" means any software that is required to operate a Registered Portable Device or Registered Untethered Device. "Electronics Books Service" means the online Blio service operated by us located at Blio.com .

"Permissible Device Number" means up to the total number of Registered PCs and/or Registered Portable Devices and/or Registered Untethered Devices permitted by the digital rights management associated with the Content. The publisher of the content controls total number of devices on an individual content basis.

"Privacy Policy" means our Privacy Policy, a copy of which may be viewed by clicking on the “ABOUT” link under the application settings, and which may be amended, modified, or revised from time to time by us as stated in the terms of the Privacy Policy.

"Registered PC" means a traditional personal computer designed for an individual user (i.e., a laptop or desktop computer) that has been registered with your Service Account.

"Registered Portable Device" means a portable device which respects the applicable digital rights management solution and that has been registered with your Service Account which must be connected to a Registered PC to access the Content from the Service.

"Registered Untethered Device" means a portable device which respects the applicable digital rights management solution that has been registered with your Service Account which can directly access the Service without connecting to a Registered PC. "Registration Information" means the information provided by you to us or the Service when you register for a Service Account and during the installation process which may be provided in order to use the Service (including a unique member (user) name, a password, your valid email address and other personal information).

"Related Entities" means us and our direct and indirect parents, subsidiaries, agents, employees, licensors, distributors, business partners, suppliers and affiliates (and each of the foregoing entities' respective officers, directors, employees and agents).

"RSS Feeds" means really simple syndication of content updated on a periodic basis.

"Service Account" means a user account registered with the Service.

"Service Software" means any software that is or will be included as a part of the Service and all updates, whether or not automatic.

"Subscription Renewal Date" means the date on which any paid subscription period is set to begin.