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Originally Posted by calvin-c
I'm curious how long what you quoted has been in their T&C? No way I know of to tell, except by asking them. (and if they say "Forever" then the question is, do you believe them?)
One of the most pernicious aspects of online contracts is agreeing to T&C that are also online-and therefore subject to subsequent modification. I've never bothered to save FW's T&C, but I have done that with a few other places I've purchased from. And at least once doing so got my money refunded when they changed their T&C. But if I hadn't been able to prove that the current T&C wasn't what I'd agreed to in the contract, I'd have been OOL. (It was something like 15 years ago. AOL, I think, when I first went online. I'd paid for a year's service in advance, with free use of an 800 number. Then they decided to charge something like 6 cents/minute surcharge for the 800 number.)
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I know it was there (or something similar) when I started heavily buying books from them in October of '07. Beyond that I can't say, but I doubt any seller is going to guarantee you'll always be able to re-download your purchases.
What I quoted wasn't from their Terms of Use, it was from the eReader replacement FAQ. Here's what the actual Terms say...
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9. Ebooks. After purchasing any downloadable eBook or product from Fictionwise.com, it is the Fictionwise Member's responsibility to download the eBook or product within 1 hour of purchase. If you believe an error has been made in the purchase, please do not download the eBook (you must contact us explaining the error at support@fictionwise.com). Once you download the eBook, then it is impossible for us to refund you for it. Please note: Because of the constantly evolving nature of the eBook industry and eBook formats, we do not guarantee that eBooks you purchase from Fictionwise will always be available in the formats that we "currently" support. That is why it is important that you download the eBook in the format of your choice immediately after purchasing.
Fictionwise, however, will make efforts to keep the product listed and available for download in the Fictionwise member's "Bookshelf" for three months and longer when possible -- but this is not guaranteed.
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I checked an archived version from Aug 17th, 2000 and at that time it read...
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10. Ebooks. After purchasing any downloadable eBook or product from Fictionwise.com, it is the Fictionwise Member's responsibility to download the eBook or product within 24 hours of purchase. Fictionwise, however, will make efforts to keep the product listed and available for download in the Fictionwise member's "Bookshelf" for three months and longer when possible.
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