Digital products disclaimer

Copyright notice

Copyright © 2021 Let’s learn Chinese.

We control the copyright and other intellectual property rights in our digital products. Subject to the license below, all these intellectual property rights are reserved.

License to use digital products

Subject to your[ payment of the applicable price and] compliance with the restrictions below and the other terms of this disclaimer, we grant to you [a worldwide, non-exclusive and non-transferable license] to:

(a) download a copy of the digital products;

(b) store and view [a single copy] OR [up to [number] copies] OR [an unlimited number of copies] of the digital products on [a single] OR [not more than [number]] OR [an unlimited number of] desktop or notdigital products [computer] OR [computers];

(c) store and view [a single copy] OR [up to [number] copies] OR [an unlimited number of copies] of the digital products on [a single] OR [not more than [number]] OR [an unlimited number of] digital products [reader] OR [readers] or similar electronic [device] OR [devices]; and

(d) print [a single copy] OR [up to [number] copies] OR [an unlimited number of copies] of the digital products[ solely [for your own personal, domestic and non-commercial use]].

You must not in any circumstances:

(a) publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the digital products or any part of the digital products;

(b) edit, modify, adapt or alter the digital products or any part of the digital products;

(c) use the digital products or any part of the digital products in any unlawful way or breach of any person’s legal rights under any applicable law[, or in any way that is offensive, indecent, discriminatory or otherwise objectionable];

(d) [use the digital products or any part of the digital products to compete with us, whether directly or indirectly]; or

(e) [use the digital products or any part of the digital products for a commercial purpose].

You must retain, and must not delete, obscure, or remove, all copyright notices and other proprietary notices in the digital products.

The rights granted to you by this disclaimer are personal to you, and you must not permit any third party to exercise these rights.

If you breach this disclaimer, then the license set out above will be automatically terminated upon such breach (whether or not we notify you of termination).

Upon the termination of the license, you will promptly and irrevocably delete from your computer systems and other electronic devices any copies of the digital products in your possession or control. You will permanently destroy any paper or additional copies of the digital products in your possession or control.

Digital rights management

You acknowledge that this digital product is protected by digital rights management technology and that we may use this technology to enforce the terms of this disclaimer.

Pirate copies

If you have bought or received a copy of these digital products from any source other than [us or [other sources]], then that copy is a pirate copy. If this has happened to you, please let us know by email to [email address].

You can buy a genuine copy of the digital products from [URL].

No advice

The digital products contain information about [subject matter]. The information is not advice and should not be treated as advice.

You must not rely on the information in the digital products as an alternative to [legal] OR [medical] OR [financial] OR [[subject matter]] advice from an appropriately qualified professional. If you have any specific questions about any such case, you should consult a suitably qualified professional.

If you think you may be suffering from any medical condition, you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in the digital products.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in the digital products.

Limited warranties

While we endeavor to ensure that the information in the digital products is correct, we do not warrant or represent its completeness or accuracy.

We do not warrant or represent that the use of digital products will lead to any particular outcome or result.[ In particular, we do not warrant or mean that by using the digital products, you will [specify non-warranted effect].]

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to these digital products and the use of these digital products.

Limitations and exclusions of liability

Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law;

(d) exclude any liabilities that may not be excluded under applicable law; or

(e) limit or exclude any mandatory rights that you have as a consumer under applicable law.

The limitations and exclusions of liability set out in this disclaimer: 

(a) are subject to the preceding provision; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you for any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database, or software.

We will not be liable to you for any special, indirect, or consequential loss or damage.

Trademarks

[Identify trade marks], our logos, and our other registered and unregistered trademarks are trademarks belonging to us; we do not permit the use of these trademarks, and such use may constitute an infringement of our rights.

The third-party registered and unregistered trademarks and service marks that feature in our digital products are the property of their respective owners and, unless stated otherwise in this disclaimer, we do not endorse and are not affiliated with any of the holders of any such rights, and as such we cannot grant any license to exercise such rights.

Law and jurisdiction

This disclaimer shall be governed by and construed by [English law].

Any disputes relating to this disclaimer shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

Free digital products disclaimer: drafting notes

This disclaimer may be used in or in relation to digital products. It seeks to limit and exclude the liability of the digital products publisher in respect of the content of the digital products. You should adapt this document to cover the particular risks that particular digital products may give rise to. As with all liability disclaimers, you should consider taking legal advice on the record if you are not a lawyer.

Section: Credit

Subsection: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section: Licence to use digital products

Subsection: Licence to use digital products

Delete the references to a price if the digital products are distributed free of charge. Edit these permissions as appropriate.

Subsection: Prohibitions on use of digital products

Edit these prohibitions as appropriate.

Subsection: Rights granted by the document are personal

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Section: Digital rights management

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Section: Pirate copies

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Section: No advice

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Subsection: No reliance on the information in the digital products

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Consider including this section if the material in the digital products could be misconstrued as professional advice.

Subsection: Digital products and medical attention

Optional element.

Consider including this section if the material in the digital products could be misconstrued as medical advice.

Subsection: No legal advice in digital products

Optional element.

Consider including this section if the material in the digital products could be misconstrued as legal advice.

Section: Limited warranties

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Section: Limitations and exclusions of liability

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Contractual limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability in contracts are unenforceable.

The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable.

Suppose there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts. In that case, that provision should be drafted as an independent term and be numbered separately from the other requirements.

It might improve the chances of a limitation or exclusion of liability being found to be enforceable if the party seeking to rely upon it specifically drew it to the other party’s attention before the contract was entered into. 

You should take legal advice if you wish to rely upon a limitation or exclusion of liability.

Subsection: Caveats to limits of liability

Do not delete this provision (except upon legal advice). Without this provision, the document’s specific limitations and exclusions of liability are more likely to be unenforceable.

Subsection: No liability for business losses

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Subsection: No liability for loss of data or software

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Subsection: No liability for consequential loss

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Section: Trademarks

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Trademarks may be registered or unregistered. It is a criminal offense under Section 94 of the Trade Marks Act 1994 to falsely represent that a trademark is registered. Accordingly, you must not use the (R) symbol in relation to unregistered trademarks.

Subsection: Trademark ownership

It is customary in legal documents to identify specific trademarks using capital letters (e.g., TRADEMARK) and, in the case of registered marks, registration particulars (e.g., UK trademark registration number 000001 for TRADEMARK).

• Please identify your trademarks by reference to registration particulars in the case of registered trademarks.

Subsection: Third-party trademarks in digital products

Optional element.

Section: Law and jurisdiction

Optional element.

The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

Subsection: Governing law

This document has been drafted to take account of the rules of English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances, the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

• Which law should govern the document?

Subsection: Jurisdiction

In some circumstances, your jurisdiction clause may be overridden by the courts.

• Should the jurisdiction granted be exclusive or non-exclusive? Choose “non-exclusive” jurisdiction if you want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose “exclusive jurisdiction.”
• The courts of which country or jurisdiction should adjudicate disputes under the document?