From 076ce51efd4fa60e6d85748339e92949e096023e Mon Sep 17 00:00:00 2001 From: eric Date: Wed, 2 Oct 2013 17:21:22 -0400 Subject: [PATCH] draft of revised TOU --- frontend/templates/terms.html | 102 ++++++++++++++++++++++------------ 1 file changed, 65 insertions(+), 37 deletions(-) diff --git a/frontend/templates/terms.html b/frontend/templates/terms.html index 6508aa97..89a0bc4c 100644 --- a/frontend/templates/terms.html +++ b/frontend/templates/terms.html @@ -11,9 +11,9 @@ {% endblock %} {% block doccontent %} -

Unglue.it Draft Terms of Use

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Unglue.it Terms of Use

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Date of last revision: May 14, 2012

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Date of last revision: October 2, 2013

Acceptance of Terms
Registration
@@ -21,7 +21,8 @@ Content and License
Third Party Content
Campaigns: Fund-Raising and Commerce
-Supporting a Campaign
+Supporting a Crowdfunding Campaign
+Supporting a Buy-To-Unglue Campaign
Campaigns: Additional Terms for Rights Holders
Termination
Modification of Terms
@@ -37,7 +38,7 @@

Acceptance of Terms

 -

Welcome to Unglue.it, the website and online service of Gluejar, Inc. (the “Company”, "Unglue.it" "we," or "us"). Unglue.it is a crowd funding platform that facilitates the distribution and licensing of copyrighted literary works. The holder(s) of rights to a copyrighted literary work (the “Rights Holder”) can use the Unglue.it Service to accept and collect contributions in exchange for the release of the work, in digital form, under a Creative Commons License. Persons who wish to contribute (“Supporters”) towards the Campaign Goal set by the Rights Holder can do so using Unglue.it. The mechanism by which Rights Holders collect Contributions from Supporters using the Service is known as an “Unglue.it Campaign.”

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Welcome to Unglue.it, the website and online service of Gluejar, Inc. (the “Company”, "Unglue.it" "we," or "us"). Unglue.it is a crowd funding and revenue platform that facilitates the distribution and licensing of copyrighted literary works. The mechanism by which Rights Holders collect Contributions and license revenue from Ungluers using the Service is known as a “Campaign.” A Campaign is either a "Crowdfunding Campaign" or a "Buy-to-Unglue Campaign". In a Crowdfunding Campaign, the holder(s) of rights to a copyrighted literary work (the “Rights Holder”) can use the Unglue.it Service to accept and collect contributions in exchange for the release of the work, in digital form, under a Creative Commons License. In a Buy-to-Unglue Campaign, the Rights Holder can use the Unglue.it Service to sell licenses of the work in exchange for a specified advance of the date specified for release under the Creative Commons License.

This terms of use agreement (the "Agreement") governs the use of the Unglue.it website (the “Website”) and the service owned and operated by Gluejar (collectively with the Website, the “Service”) by all persons and/or entities who visit the Website and/or use the Service (“you”.) This Agreement also incorporates the Privacy Policy available at Unglue.it/privacy, and all other operating rules, policies and procedures that may be published from time to time on the Website by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time. You accept Company’s posting of any changes to this Agreement on the Website as sufficient notice of such change. In addition, some services offered through the Service may be subject to additional terms promulgated by Company from time to time, which may be posted on the Website or sent to you via email or otherwise; your use of such services is subject to those additional terms, which are incorporated into these Terms of Use by this reference. By using this site in any manner, you agree to be bound by this Agreement, whether or not you are a registered user of our Service. @@ -45,11 +46,11 @@

Registration

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You do not have to register an account in order to visit Unglue.it. To access certain features of the Service, however, including wishlisting and pledging, you will need to register with Unglue.it. You shall not (i) select or use as a Username a name of another person with the intent to impersonate that person; (ii) use as a Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Username a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Username and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

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You do not have to register an account in order to visit Unglue.it. To access certain features of the Service, however, including listing and pledging, you will need to register with Unglue.it. You shall not (i) select or use as a Username a name of another person with the intent to impersonate that person; (ii) use as a Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Username a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Username and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Use of the Service

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Except as allowed by a Platform Services Agreement for Rights Holders, the Service is provided only for your personal, non-commercial use. You are solely responsible for all of your activity in connection with the Service and for any consequences (whether or not intended) of your posting or uploading of any material on the Website.

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Except as allowed by a Platform Services Agreement for Rights Holders, the Service is provided only for your personal, non-commercial use, and for use by libraries and similar non-profit entities. You are solely responsible for all of your activity in connection with the Service and for any consequences (whether or not intended) of your posting or uploading of any material on the Website.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) use the Service in order to:

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To provide confirmation of Fulfillment and become eligible to receive Contributions made in a successful Campaign, the Rights Holder shall either make available to the Company a Standard Ebook File for the work, or the Rights Holder shall designate a third party vendor from a list of vendors approved by the Company (the “Designated Vendor”) to create the Converted eBook at a rate that has been established between the Designated Vendor and the Rights Holder (the “Conversion Cost.”) The Rights Holder shall provide the Company with written notice of the name and contact information for the Designated Vendor, the Conversion Cost, and any supporting documentation or other verification as may be reasonably requested by the Company.

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To provide confirmation of Fulfillment and become eligible to receive Contributions made in a successful Crowdfunding Campaign, the Rights Holder shall either make available to the Company a Standard Ebook File for the work, or the Rights Holder shall designate a third party vendor from a list of vendors approved by the Company (the “Designated Vendor”) to create the Converted eBook at a rate that has been established between the Designated Vendor and the Rights Holder (the “Conversion Cost.”) The Rights Holder shall provide the Company with written notice of the name and contact information for the Designated Vendor, the Conversion Cost, and any supporting documentation or other verification as may be reasonably requested by the Company.

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In the event that the Company releases Supporter information to the Rights Holder, or invites Supporters to share such information with the Rights Holder, Rights Holders agree to treat such information in a manner consistent with the Company’s Privacy Policy.

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In the event that the Company releases Ungluer information to the Rights Holder, or invites Ungluers to share such information with the Rights Holder, Rights Holders agree to treat such information in a manner consistent with the Company’s Privacy Policy.

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Once an Unglue.it Campaign has been launched, neither the Subject Work nor any of the Premiums may be revoked or modified, except that either may be supplemented provided that the Digital License Fee is not increased. The Rights Holder understands that a pledge does not become a contribution, and that no pledged monies are collected from Supporters, until the Campaign Goal is reached. The Rights Holder further understands that any pledge may be declined or any contribution returned or recovered for any reason or for no reason at the sole discretion of the Company and/or the Payment Processor.

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Once a Crowdfunding Campaign has been launched, neither the Subject Work nor any of the Premiums may be revoked or modified, except that either may be supplemented provided that the Campaign Goal is not increased. The Rights Holder understands that a pledge does not become a contribution, and that no pledged monies are collected from Ungluers, until the Campaign Goal is reached. The Rights Holder further understands that any pledge may be declined or any contribution returned or recovered for any reason or for no reason at the sole discretion of the Company and/or the Payment Processor.

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Contributions shall not be collected by the Company from Supporters until the Campaign is successfully completed and the Campaign Goal met or exceeded. In the event that any of the promised Contributions cannot be collected by the Company or its Payment Processor after the date of the successful conclusion of the Campaign, the Rights Holder understands that neither the Company nor the Payment Processor shall have any obligation whatsoever in connection with the collection of such monies. The Rights Holder understands and knowingly accepts the risk that the actual Contributions collected or capable of collection may be less than the total Contributions promised by the Supporters individually or in the aggregate. The Rights Holder understands that it is obligated to release the Converted eBook and to ship the promised Premiums even if the actual Contributions collected are less than the Campaign Goal.

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Contributions to a Crowdfunding Campaign shall not be collected from Ungluers until the Campaign is successfully completed and the Campaign Goal met or exceeded. In the event that any of the promised Contributions cannot be collected by the Company or its Payment Processor after the date of the successful conclusion of the Campaign, the Rights Holder understands that neither the Company nor the Payment Processor shall have any obligation whatsoever in connection with the collection of such monies. The Rights Holder understands and knowingly accepts the risk that the actual Contributions collected or capable of collection may be less than the total Contributions promised by the Ungluers individually or in the aggregate. The Rights Holder understands that it is obligated to release the Converted eBook and to ship the promised Premiums even if the actual Contributions collected are less than the Campaign Goal.

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Immediately upon the date of the conclusion of a successful Unglue.it Campaign, the Rights Holder agrees to and hereby does grant to the Company the right (but not the obligation) to place the Subject Work in the Internet Archive [archive.org] or such other open digital libraries as the Company may select in its sole discretion, and to distribute the Subject Work on the Website, whether directly or indirectly, provided that the copyright notice and mark of the applicable CC License is at all times clearly displayed in association with the Subject Work.

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A Buy-To-Unglue campaign is deemed successful on its Effective Ungluing Date. The Effective Ungluing Date is determined as follows: +

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  1. Before the launch of a Buy-To-Unglue Campaign, the Rights Holder selects an "Initial Ungluing Date". Once the campaign is launched, the Initial Ungluing Date cannot be changed, and the Rights Holder Commits to the Release of the work on that date, even if no licensing revenue is earned. can't be changed. The Initial Ungluing Date be any date before January 1, 2100.
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  2. Before the launch of a Buy-To-Unglue Campaign, the Rights Holder selects a campaign goal. After Campaign launch , the goal can be lowered, but never raised.
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  3. After launch, the Effective Ungluing Date is determined by the following formulae: +
     
+(days per dollar) = [(initial ungluing date) - (campaign launch date)] / (campaign goal)
+(current cc date) = (initial ungluing date) - (gross revenue)*(days per dollar)
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The Rights Holder is responsible for setting the license fees for individual licenses and for library licenses. These fees can be increased or decreased during the course of the Campaign.

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Immediately upon the date of the conclusion of a successful Campaign, the Rights Holder agrees to and hereby does grant to the Company the right (but not the obligation) to place the Subject Work in the Internet Archive [archive.org] or such other open digital libraries as the Company may select in its sole discretion, and to distribute the Subject Work at no charge on the Website, whether directly or indirectly, provided that the copyright notice and mark of the applicable CC License is at all times clearly displayed in association with the Subject Work.

Rights Holders are solely responsible for paying all fees and applicable taxes associated with their use of the Service. No Sales Commission will be refunded for any reason, even in the event that a Campaign is removed from the Website by the Company.

Rights Holders may initiate refunds at their own discretion. Unglue.it is not responsible for issuing refunds for funds that have been collected by Rights Holders.

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No later than seven (7) days from the receipt by the Company of the Rights Holder’s Confirmation of Fulfillment or, where applicable, satisfactory Fulfillment Verification, the Company shall transfer into an approved account designated by the Rights Holder for this purpose, all monies actually received from the Supporters in connection with the Unglue.it Campaign for the Subject Work (the “Contributions”), minus the following:

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No later than seven (7) days from the receipt by the Company of the Rights Holder’s Confirmation of Fulfillment or, where applicable, satisfactory Fulfillment Verification, the Company shall transfer into an approved account designated by the Rights Holder for this purpose, all monies actually received from the Ungluers in connection with the Crowdfunding Campaign for the Subject Work (the “Contributions”), minus the following:

  1. any transaction fees deducted or otherwise charged to the Company by the Payment Processor;
  2. any transaction fees deducted or other charges imposed by the Rights Holder’s respective banks, credit card companies or other financial institutions in connection with the Contributions;
    3. @@ -170,7 +196,9 @@ The Company's mission is to make copyrighted literary works freely and readily a
  3. any Conversion Costs payable to any Designated Vendor.
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Though Unglue.it cannot be held liable for the actions of a Rights Holder, Rights Holders are nevertheless wholly responsible for fulfilling obligations both implied and stated in any Campaign listing they create. Unglue.it reserves the right to cancel a Campaign, refund any or all Contributions, and cancel any or all Supporters’ pledges at any time for any reason. Unglue.it reserves the right to cancel, interrupt, suspend, or remove a Campaign listing at any time for any reason.

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For Buy-to-Unglue Campaigns, the Company shall pay the Rights Holder quarterly (or more frequently at the discretion of the Company) in arrears, payable on the fifteenth day of the month following the close of each calendar quarter, such payment to cover the previous calendar quarter. For example, payments due in connection with transactions that occur January 1 through March 31 will be paid to the Rights Holder on April 15 of the same year. Each payment shall be accompanied by a statement detailing sales and licensing data, revenues received, return data, reserve and Distribution Fees withheld. Notwithstanding the above, quarterly payments may be deferred until the following pay period in the event that the amount payable to the Rights Holder for any given pay period is less than $100.

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Though Unglue.it cannot be held liable for the actions of a Rights Holder, Rights Holders are nevertheless wholly responsible for fulfilling obligations both implied and stated in any Campaign listing they create. Unglue.it reserves the right to cancel a Campaign, refund any or all Contributions, and cancel any or all Ungluers’ pledges at any time for any reason. Unglue.it reserves the right to cancel, interrupt, suspend, or remove a Campaign listing at any time for any reason.

Notwithstanding anything to the contrary set forth in or implied by this Agreement, all payment obligations undertaken by the Company in connection with any Campaign are expressly subject to the Platform Services Agreement entered into between the Rights Holder and the Company.

@@ -178,7 +206,7 @@ The Company's mission is to make copyrighted literary works freely and readily a

Termination

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The Company may immediately terminate this Agreement in its sole discretion at any time. Upon termination, you agree that the Company may immediately de-activate your account and bar you from accessing any portions of the Service requiring an account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees and Sales Commissions paid pursuant to this Agreement prior to termination are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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The Company may immediately terminate this Agreement in its sole discretion at any time. Upon termination, you agree that the Company may immediately de-activate your account and bar you from accessing any portions of the Service requiring an account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees and Sales Commissions paid pursuant to this Agreement prior to termination are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In particular, the Rights Holder must release of the Works pursuant to a CC License on or before the determined Ungluing Date, even if the Unglued Date occurs after the termination of this Agreement.

Modification of Terms