Deseret Bookshelf Plus Subscription Terms of Use
Overview:
Welcome to Deseret Bookshelf Plus!
We are a subscription service that provides our members with access to
audio-visual material ("Deseret Bookshelf Plus content") delivered
via Internet-connected computers and iOS and Android capable mobile devices.
By using this service, you have
accepted these Terms of Use, which govern your use of our service. As used in
these Terms of Use, "Deseret Bookshelf Plus service," "our
service" or "the service" means the service provided by Deseret
Bookshelf Plus for searching and viewing Deseret Bookshelf Plus content,
including all features and functionalities, website, and user interfaces, as
well as all content and software associated with our service.
You agree to the Arbitration
Agreement and class action waiver described in Section 15 to resolve any
disputes with Deseret Bookshelf Plus.
- Acceptance of Terms of Use
- These Terms of Use, which include
our Privacy Statement https://deseretbook.com/privacy and End User License Agreement https://deseretbook.com/legal/eula ("EULA") govern your use
of the Deseret Bookshelf Plus service. By using, visiting, or browsing
the Deseret Bookshelf Plus service, you accept and agree to these Terms
of Use. If you do not agree to these Terms of Use, do not use the Deseret
Bookshelf Plus service.
- The Deseret Bookshelf Plus
service is provided by Deseret Book Company.
- Changes to Terms of Use. Deseret
Bookshelf Plus may, from time to time, change these Terms of Use,
including the Privacy Statement and EULA. Such revisions shall be
effective immediately.
- Privacy. Personal,
identifying information is subject to our Privacy Statement at https://deseretbook.com/privacy,
the terms of which are incorporated herein. Please review our Privacy
Statement to understand our practices.
- Communication Preferences. By
using the Deseret Bookshelf Plus service, you consent to receiving
electronic communications from Deseret Bookshelf Plus relating to your
account. These communications may involve sending emails to your email
address provided during registration, or posting communications on the Deseret
Bookshelf Plus service, or in the "My Account" page and will include
notices about your account (e.g., payment authorizations, change in
password or Payment Method, confirmation e-mails and other transactional
information) and are part of your relationship with Deseret Bookshelf Plus.
You agree that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in
writing. You should maintain copies of electronic communications by
printing a paper copy or saving an electronic copy. You also consent to
receiving certain other communications from us, such as newsletters about
new Deseret Bookshelf Plus features and content, special offers,
promotional announcements and customer surveys via email or other methods.
If you no longer want to receive certain non-transactional communications,
simply click the "Unsubscribe" link from any Deseret Bookshelf Plus email.
Please review our Privacy Statement (https://deseretbook.com/privacy) for further detail on our
marketing communications.
- Membership, Fees, Free Trials,
Billing and Cancellation
- Membership
- Ongoing Membership. Your Deseret Bookshelf Plus membership, which may start
with a free trial, will continue month-to-month or annually depending on
your subscription plan (below), and will automatically renew unless and
until you cancel your membership or we terminate it. You must have
Internet access and provide us with a current, valid, accepted method of
payment (as such may be updated from time to time, "Payment
Method") to use the Deseret Bookshelf Plus service. We will bill
the applicable membership fee to your Payment Method. You must cancel
your membership before it renews in order to avoid billing of the next term's
membership fees to your Payment Method.
- Differing Memberships. We may offer a number of membership
plans, including special promotional plans or memberships with differing
conditions and limitations. Any materially different terms from those
described in these Terms of Use will be disclosed at your sign-up or in
other communications made available to you. You can find specific
details regarding your membership with Deseret Bookshelf Plus by
visiting our website (https://deseretbook.com/login) and clicking on the "My Account" link (https://deseretbook.com/account). Some promotional discounts may be offered from time to
time by third parties in conjunction with the provision of their own
products and services. We are not responsible for the products and
services provided by such third parties. We reserve the right to modify,
terminate or otherwise amend our offered membership plans.
- Fees. Deseret Bookshelf Plus membership fees will vary depending
upon the plan selected by the Subscribing members, as follows:
- Annual
– for Platinum Members: $69.99
per year.
- Annual: $99.99 per year.
- Month-to-Month – for Platinum
Members: $6.99 per month.
- Month-to-Month: $9.99 per
month.
- To learn
more about our Platinum Membership program, see https://deseretbook.com/platinum
- Free Trials
- Your Deseret Bookshelf Plus
membership may start with a free trial. The free trial period of your
membership lasts for one month, or as otherwise specified during
sign-up. For combinations with other offers, restrictions may apply.
Free trials are for new members only. Deseret Bookshelf Plus reserves
the right, in its absolute discretion, to determine your free trial
eligibility.
- We will begin billing your
Payment Method for membership fees at the end of the free trial period
of your membership and your membership will automatically renew for successive term period(s) unless you cancel prior to the end of the free trial period.
To view the specific details of your membership, including membership fees
and end date of your free trial period, log in to our website and look
under "Subscriptions" under "My Account" (https://deseretbook.com/account/subscriptions). We may authorize your Payment Method through various
methods, including authorizing it up to approximately one dollar when
you register to verify your card. Once verified, the temporary charge
will be removed from your card within 48 hours.
- CLICK THE "MY ACCOUNT"
LINK AT THE TOP OF ANY DESERET BOOKSHELF PLUS WEB PAGE, THEN "MY
SUBSCRIPTIONS" THEN "UPDATE BILLING INFORMATION" TO FIND CANCELLATION
INSTRUCTIONS. We will continue to bill your Payment Method on a monthly
basis for your membership fee until you cancel.
- Billing
- Recurring Billing. By starting your Deseret Bookshelf Plus membership and
providing or designating a Payment Method, you authorize us to charge
you a membership fee at the then current rate, and any other charges you
may incur in connection with your use of the Deseret Bookshelf Plus
service, such as taxes or possible transaction fees, to your Payment
Method. You acknowledge that the amount billed may vary for reasons that
may include differing amounts due to promotional offers, including gift
card redemption and promotional code redemption, and/or changing or
adding a plan, and you authorize us to charge your Payment Method for
such varying amounts, which may be billed monthly or annually in one or
more charges.
- Price Changes. We reserve the right to adjust pricing for our service
or any components thereof in any manner and at any time as we may
determine in our sole and absolute discretion. Except as otherwise
expressly provided for in these Terms of Use, We will notify you via
email of any price changes to your service and such price changes will
not take effect before the next renewal period.
- Billing Cycle. For monthly subscriptions, the membership fee for our
service will be billed at the beginning of the paying portion of your
membership and each month thereafter unless and until you cancel your
membership. For all memberships, we automatically bill your Payment
Method each month on the calendar day corresponding to the commencement
of your paying membership. Membership fees are fully earned upon
payment. We reserve the right to change the timing of our billing, as
indicated below, if your Payment Method has not successfully settled. In
the event your paying membership began on a day not contained in a given
month, we may bill your Payment Method on the closest corresponding day
in the applicable month or such other day as we deem appropriate. For
example, if you started your Deseret Bookshelf Plus membership or became
a paying member on January 31st, your next payment date is likely to be
February 28th, and your Payment Method would be billed on that date.
Your renewal date may change due to changes in your Membership. Visit
our website and click on the "My Subscriptions" link on the "My
Account" page to see the commencement date for your next renewal
period. We may authorize your Payment Method in anticipation of
membership or service-related charges. As used in these Terms of Use,
"billing" shall indicate a charge, debit or other payment
clearance, as applicable, against your Payment Method. Unless otherwise
stated differently, month or monthly refers to your billing cycle.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR
CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however,
you will continue to have access to the service through the end of your
current billing period. If at any time, and for any reason, we provide a
refund, discount, or other consideration to some or all of our members
("credits"), the amount and form of such credits, and the
decision to provide them, are at our sole and absolute discretion. The
provision of credits in one instance does not entitle you to credits in
the future for similar instances, nor does it obligate us to provide credits
in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by
visiting our website and clicking on the "My Subscriptions" link under the
"My Account" page available at the top of the pages of the Deseret Bookshelf
Plus website. If a payment is not successfully settled, due to
expiration, insufficient funds, or otherwise, and you do not edit your
Payment Method information or cancel your account (see,
"Cancellation" below), you remain responsible for any uncollected
amounts and authorize us to continue billing the Payment Method, as it
may be updated. This may result in a change to your payment billing
dates. For certain Payment Methods, the issuer of your Payment Method
may charge you a foreign transaction fee or other charges. Check with
your Payment Method service provider for details.
- Cancellation. You may cancel your Deseret Bookshelf Plus membership
at any time, and you will continue to have access to the Deseret
Bookshelf Plus service through the end of your monthly or yearly billing
period as applicable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY
PARTIAL MEMBERSHIP PERIODS. To cancel, go to the "My Account" page on
our website, click the "My Subscriptions" link and follow the
instructions for cancellation as found under "Update Billing Information".
If you cancel your membership, your account will automatically close at
the end of your current billing period. To see when your account will
close, click the "My Subscriptions" link on the "My Account" page. If
you signed up for Deseret Bookshelf Plus using your account with a third
party as a Payment Method, and wish to cancel your Deseret Bookshelf
Plus membership at any time, including during your free trial, you may
need to do so through such third party, including by visiting your
account with the applicable third party and turning off auto-renew, or
unsubscribing from, the Deseret Bookshelf Plus service through that
third party.
- Deseret Bookshelf Plus Service
- You must be 18 years of age, or
the age of majority in your province, territory or country, to become a
member of the Deseret Bookshelf Plus service. Individuals under the age
of 18, or applicable age of majority, may utilize the service only with
the involvement of a parent or legal guardian, under such person's
account and otherwise subject to these Terms of Use.
- The Deseret Bookshelf Plus service
and any content viewed through our service are for your personal and
non-commercial use only. During your Deseret Bookshelf Plus membership,
we grant you a limited, non-exclusive, non-transferable, license to
access the Deseret Bookshelf Plus service and view Deseret Bookshelf Plus
content through the service. Except for the foregoing limited license, no
right, title or interest shall be transferred to you. You agree not to
use the service for public performances.
- You may view Deseret Bookshelf
Plus content through the Deseret Bookshelf Plus service primarily within
the country in which you have established your account and only in
geographic locations where we offer our service and have licensed such Deseret
Bookshelf Plus content. The content that may be available to view may
vary by geographic location. Deseret Bookshelf Plus will use technologies
to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU
MAY SIMULTANEOUSLY VIEW MAY BE LIMITED. The number of devices available
for use and the simultaneous streams may change from time to time at our
discretion.
- We continually update the Deseret
Bookshelf Plus service, including the content library. In addition, we
continually test various aspects of our service, including our website,
user interfaces, service levels, plans, promotional features,
availability of Deseret Bookshelf Plus content, delivery and pricing. We
reserve the right to, and by using our service you agree that we may,
include you in or exclude you from these tests without notice. We reserve
the right in our sole and absolute discretion to make changes from time
to time and without notice in how we offer and operate our service.
- You agree to use the Deseret
Bookshelf Plus service, including all features and functionalities
associated therewith, in accordance with all applicable laws, rules and
regulations, or other restrictions on use of the service or content
therein. Except as explicitly authorized in these Terms of Use, you agree
not to archive, download (other than through caching necessary for
personal use), reproduce, distribute, modify, display, perform, publish,
license, create derivative works from, offer for sale, or use content and
information contained on or obtained from or through the Deseret
Bookshelf Plus service without express written permission from Deseret
Bookshelf Plus and its licensors. You also agree not to: circumvent, remove,
alter, deactivate, degrade or thwart any of the content protections in
the Deseret Bookshelf Plus service; use any robot, spider, scraper or
other automated means to access the Deseret Bookshelf Plus service;
decompile, reverse engineer or disassemble any software or other products
or processes accessible through the Deseret Bookshelf Plus service;
insert any code or product or manipulate the content of the Deseret
Bookshelf Plus service in any way; or, use any data mining, data
gathering or extraction method. In addition, you agree not to upload,
post, e-mail or otherwise send or transmit any material designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment associated with the Deseret
Bookshelf Plus service, including any software viruses or any other
computer code, files or programs.
- Deseret Bookshelf Plus software
is developed by, or for, Deseret Bookshelf Plus and is designed to enable
streaming and viewing of content from Deseret Bookshelf Plus through your
internet –connected computers and/or iOS and/or Android devices.
This software may vary by device and medium, and functionalities may also
differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE
TO THE END USER LICENSE AGREEMENT (https://deseretbook.com/legal/eula) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED
VERSIONS OF THE DESERET BOOKSHELF PLUS AND RELATED THIRD-PARTY SOFTWARE.
IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO
NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE
DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR
SERVICE. By using our service, you agree to look solely to the entity
that manufactured and/or sold you the device for any issues related to
the device and its compatibility with the Deseret Bookshelf Plus service.
- We may terminate or restrict your
use of our service, without compensation or notice if you are, or if we
suspect that you are (i) in violation of any of
these Terms of Use or (ii) engaged in illegal or improper use of the
service.
- Passwords & Account Access
- The member who created the Deseret
Bookshelf Plus account and whose Payment Method is charged is referred to
here as the Account Owner. The Account Owner has access and control over
the Deseret Bookshelf Plus account. The Account Owner's control is
exercised through use of the Account Owner's password and therefore to
maintain exclusive control, the Account Owner should not reveal the
password to anyone. In addition, if the Account Owner wishes to prohibit
others from contacting Deseret Bookshelf Plus Customer Service and
potentially altering the Account Owner's control, the Account Owner
should not reveal the Payment Method details (e.g., last four digits of
their credit or debit card) associated with their account. You are
responsible for updating and maintaining the validity and accuracy of the
information you provide to us relating to your account.
- In order to provide you with ease
of access to your account and to help administer the Deseret Bookshelf
Plus service, Deseret Bookshelf Plus implements technology that enables
us to recognize you as the Account Owner and provide you with direct
access to your account without requiring you to retype any password or
other user identification when you revisit the Deseret Bookshelf Plus
service, which includes accessing via mobile devices or website.
- You should be mindful of any
communication requesting that you submit credit card or other account
information. Providing your information in response to these types of
communications can result in identity theft. Always access your sensitive
account information by going directly to the Deseret Bookshelf Plus website
and not through a hyperlink in an email or any other electronic
communication, even if it looks official. Deseret Bookshelf Plus reserves
the right to place any account on hold anytime with or without
notification to the member in order to protect itself and its partners
from what it believes to be fraudulent activity. Deseret Bookshelf Plus
is not obligated to credit or discount a membership for holds placed on
the account by either a representative of Deseret Bookshelf Plus or by
the automated processes of Deseret Bookshelf Plus.
- Disclaimers of Warranties and
Limitations on Liability
- THE DESERET BOOKSHELF PLUS
SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER
FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DESERET BOOKSHELF PLUS SERVICE,
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND. DESERET
BOOKSHELF PLUS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF
THE DESERET BOOKSHELF PLUS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DESERET
BOOKSHELF PLUS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF
APPLICATIONS AND DESERET BOOKSHELF PLUS SOFTWARE (INCLUDING YOUR DEVICE
COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER
APPLICABLE LAWS, IN NO EVENT SHALL DESERET BOOKSHELF PLUS, OR ITS PARENT
COMPANY, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR
SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- NOTHING IN THESE TERMS OF USE
SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any
provision or provisions of these Terms of Use shall be held to be
invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall remain in full force and
effect.
- Gifts & Promotions. Gift
cards for the Deseret Bookshelf Plus service may be available for purchase
at third-party retail outlets and websites, which can be redeemed on our
website (https://deseretbook.com/account/subscriptions) The purchase and redemption of
gift cards are subject to the gift terms (http://support.deseretbook.com/customer/en/portal/articles/1630347-using-gift-cards-for-product-purchases
). From time to time, other types of promotional codes may be available,
including those provided as part of a third party promotion. Promotional
codes may be redeemed as described in the specifics of the promotion. Gift
cards and promotional codes can only be used once, cannot be redeemed for
cash, and may not be combined with other offers, including a free trial,
subject to certain restrictions as determined by Deseret Bookshelf Plus in
its sole discretion. If you received a promotional code through an offer
by a third party, additional conditions may apply.
- Intellectual Property
- Copyright. The Deseret Bookshelf Plus service,
including all content provided on the Deseret Bookshelf Plus service, is
protected by copyright, trademark, trade secret or other intellectual
property laws and treaties.
- Trademarks. Deseret Bookshelf Plus is a registered trademark of Deseret
Book Company
- Governing Law. Terms
of Use shall be governed by and construed in accordance with the laws of
the state of Utah, U.S.A. without regard to conflict of laws provisions.
These terms will not limit any consumer protection rights that you may be
entitled to under the mandatory laws of your state of residence.
- Use of Information Submitted. Deseret
Bookshelf Plus is free to use any comments, information, ideas, concepts,
reviews, or techniques or any other material contained in any
communication you may send to us ("Feedback"), including
responses to questionnaires or through postings to the Deseret Bookshelf
Plus service, including the Deseret Bookshelf Plus website and user
interfaces, worldwide and in perpetuity without further compensation,
acknowledgement or payment to you for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products and
creating, modifying or improving the Deseret Bookshelf Plus service. In
addition, you agree not to enforce any "moral rights" in and to
the Feedback, to the extent permitted by applicable law. Please note Deseret
Bookshelf Plus does not accept unsolicited materials or ideas for Deseret
Bookshelf Plus content, and is not responsible for the similarity of any
of its content or programming in any media to materials or ideas
transmitted to Deseret Bookshelf Plus. Should you send any unsolicited
materials or ideas, you do so with the understanding that no additional
consideration of any sort will be provided to you, and you are waiving any
claim against Deseret Bookshelf Plus and its affiliates regarding the use
of such materials and ideas, even if material or an idea is used that is
substantially similar to the material or idea you sent.
- Customer Support. To
find more information about our service and its features, or if you need
assistance with your account, please visit Deseret Bookshelf Plus Help
Center (http://support.deseretbook.com/customer/en/portal/articles/2426598-contacting-customer-service ).
In certain instances, Customer Service may best be able to assist you by
using a remote access support tool through which we have full access to
your computer. If you do not want us to have this access, you should not
consent to support through the remote access tool, and we will assist you
through other means. In the event of any conflict between these Terms of
Use and information provided by Customer Support or other portions of our
website, these Terms of Use will control.
- Arbitration Agreement
- If you are a Deseret Bookshelf
Plus member in the United States (including its possessions and
territories), you and Deseret Bookshelf Plus agree that any dispute,
claim or controversy arising out of or relating in any way to the Deseret
Bookshelf Plus service, these Terms of Use and this Arbitration
Agreement, shall be determined by binding arbitration. Arbitration is
more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited discovery
than in court, and is subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award.
You agree that, by agreeing to these Terms of Use, the U.S. Federal
Arbitration Act governs the interpretation and enforcement of this
provision, and that you and Deseret Bookshelf Plus are each waiving the
right to a trial by jury or to participate in a class action. This
arbitration provision shall survive termination of this Agreement and the
termination of your Deseret Bookshelf Plus membership.
- If you elect to seek arbitration,
you must first send to Deseret Bookshelf Plus, by certified mail, a
written Notice of your claim ("Notice"). The Notice to Deseret
Bookshelf Plus must be addressed to: Business Affairs, Deseret Book Company
PO Box 30178, Salt Lake City, Utah 84130 ("Notice Address"). If
Deseret Bookshelf Plus initiates arbitration, it will send a written
Notice to the email address used for your membership account. A Notice,
whether sent by you or by Deseret Bookshelf Plus, must (a) describe the
nature and basis of the claim or dispute; and (b) set forth the specific
relief sought ("Demand"). If Deseret Bookshelf Plus and you do
not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or Deseret Bookshelf Plus may commence an
arbitration proceeding.
- The arbitration will be governed
by the Commercial Arbitration Rules (the "AAA Rules") of the
American Arbitration Association ("AAA"), as modified by this
Agreement, and will be administered by the AAA. The AAA Rules and Forms
are available online at www.adr.org, by calling the AAA at
1-800-778-7879, or by writing to the Notice Address. The arbitrator is
bound by the terms of this Agreement. All issues are for the arbitrator
to decide, including issues relating to the scope and enforceability of
this arbitration agreement. Unless Deseret Bookshelf Plus and you agree
otherwise, any arbitration hearings will take place in Salt Lake county
Utah.
- YOU AND DESERET BOOKSHELF PLUS
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you
and Deseret Bookshelf Plus agree otherwise, the arbitrator may not
consolidate more than one person's claims with your claims, and may not
otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the
entirety of this arbitration provision shall be null and void. The
arbitrator may award declaratory or injunctive relief only in favor of
the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim.
- Survival. If
any provision or provisions of these Terms of Use shall be held to be
invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall remain in full force and
effect.
Last updated: June 7, 2017