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<h2>Unglue.it Draft Terms of Use</h2> <h2>Unglue.it Terms of Use</h2>
<p>Date of last revision: May 14, 2012</p> <p>Date of last revision: October 2, 2013</p>
<a href="#acceptance">Acceptance of Terms</a><br /> <a href="#acceptance">Acceptance of Terms</a><br />
<a href="#registration">Registration</a><br /> <a href="#registration">Registration</a><br />
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<a href="#content">Content and License</a><br /> <a href="#content">Content and License</a><br />
<a href="#thirdparty">Third Party Content</a><br /> <a href="#thirdparty">Third Party Content</a><br />
<a href="#fundraising">Campaigns: Fund-Raising and Commerce</a><br /> <a href="#fundraising">Campaigns: Fund-Raising and Commerce</a><br />
<a href="#supporting">Supporting a Campaign</a><br /> <a href="#supporting">Supporting a Crowdfunding Campaign</a><br />
<a href="#supportingb2u">Supporting a Buy-To-Unglue Campaign</a><br />
<a href="#rightsholders">Campaigns: Additional Terms for Rights Holders</a><br /> <a href="#rightsholders">Campaigns: Additional Terms for Rights Holders</a><br />
<a href="#termination">Termination</a><br /> <a href="#termination">Termination</a><br />
<a href="#modification">Modification of Terms</a><br /> <a href="#modification">Modification of Terms</a><br />
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<a id="acceptance"><h3>Acceptance of Terms</h3></a> <a id="acceptance"><h3>Acceptance of Terms</h3></a>
<p>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.” </p> <p>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.</p>
<p>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 <a href="https://Unglue.it/privacy">Unglue.it/privacy</a>, 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 Companys 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. <p>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 <a href="https://Unglue.it/privacy">Unglue.it/privacy</a>, 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 Companys 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 @@
<a id="registration"><h3>Registration</h3></a> <a id="registration"><h3>Registration</h3></a>
<p>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 users account without such other users 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.</p> <p>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 users account without such other users 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.</p>
<a id="use"><h3>Use of the Service</h3></a> <a id="use"><h3>Use of the Service</h3></a>
<p>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.</p> <p>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.</p>
<p>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:</p> <p>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:</p>
<ul class="terms"> <ul class="terms">
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<a id="fundraising"><h3>Campaigns: Fund-Raising and Commerce</h3></a> <a id="fundraising"><h3>Campaigns: Fund-Raising and Commerce</h3></a>
<p>Unglue.it is a venue for fund-raising and commerce. Unglue.it allows Rights Holders to list Campaigns and receive Contributions from Supporters. All funds are collected for Rights Holders by third party payment processors such as Amazon Payments or Paypal. </p> <p>Unglue.it is a venue for fund-raising and commerce. Unglue.it allows Rights Holders to list Campaigns and receive Contributions and License Fees from Ungluers. All funds are collected for Rights Holders by third party payment processors such as Stripe. </p>
<p>Unglue.it shall not be liable for your interactions with any organizations and/or individuals found on or through the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with campaigns on Unglue.it. Unglue.it is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Unglue.it is under no obligation to become involved in disputes between Supporters and Rights Holders, or between site members and any third party. In the event of a dispute, you release Unglue.it, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.</p> <p>Unglue.it shall not be liable for your interactions with any organizations and/or individuals found on or through the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with campaigns on Unglue.it. Unglue.it is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Unglue.it is under no obligation to become involved in disputes between Ungluers and Rights Holders, or between site members and any third party. In the event of a dispute, you release Unglue.it, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.</p>
<a id="supporting"><h3>Supporting a Campaign</h3></a> <a id="supporting"><h3>Supporting a Crowdfunding Campaign</h3></a>
<p>Becoming a member of Unglue.it is free of charge. However, Unglue.it may provide you the opportunity to make contributions or pledges (collectively, “Contributions”) to Campaigns listed on the Service. You may contribute to any active Campaign in any amount you choose, subject to limitation imposed by payment processors such as PayPal or Amazon Payments. You may contribute to as many Campaigns as you like. By making a pledge, you authorize Company to collect the amount pledged from your designated account without further notice or authorization once a Campaign Goal is reached, at which time a pledge becomes a contribution. </p> <p>Becoming a registered user of Unglue.it is free of charge. However, Unglue.it may provide you the opportunity to make contributions or pledges (collectively, “Contributions”) to Crowdfunding Campaigns listed on the Service. You may contribute to any active Crowdfunding Campaign in any amount you choose, up to the specified maximum. You may contribute to as many Campaigns as you like. By making a pledge, you authorize Company to collect the amount pledged from your designated account without further notice or authorization once a Campaign Goal is reached, at which time a pledge becomes a contribution. </p>
<p>You are not required to contribute to any Campaign. You understand that making a Contribution to a Campaign does not give you any rights in or to that Campaign or its associated work(s), including without limitation any ownership, control, or distribution rights. You understand that the Rights Holder shall be free to collect other Contributions to the Campaign, enter into contracts with third parties in connection with the Campaign, and otherwise direct the Campaign in its sole discretion without any notice to you. You further understand that nothing in this Agreement or otherwise limits Company's right to enter into agreements or business relationships relating to Campaigns or to the literary works that are the subject of Campaigns (“Subject Works.”) Unglue.it does not guarantee that any Campaigns goal will be met. As part of a Campaign, Rights Holders may offer As part of a Campaign, Rights Holders may offer you thank-you gifts, perks, rewards or other signs of gratitude (“Premiums.”) Any Premiums offered to you are between you and the Rights Holder only, and Unglue.it does not guarantee that Rewards will be delivered or satisfactory to you. You understand that your pledge may be declined by Company, by the Payment Processor (defined below) or by the Rights Holder at their sole discretion. Unglue.it makes no representations whatsoever in connection with the use of any Contributions or the outcome of any Campaign.</p> <p>You are not required to contribute to any Crowdfunding Campaign. You understand that making a Contribution to a Crowdfunding Campaign does not give you any rights in or to that Campaign or its associated work(s), including without limitation any ownership, control, or distribution rights. You understand that the Rights Holder shall be free to collect other Contributions to the Campaign, enter into contracts with third parties in connection with the Campaign, and otherwise direct the Campaign in its sole discretion without any notice to you. You further understand that nothing in this Agreement or otherwise limits Company's right to enter into agreements or business relationships relating to Campaigns or to the literary works that are the subject of Campaigns (“Subject Works.”) Unglue.it does not guarantee that any Crowdfunding Campaigns goal will be met. As part of a Campaign, Rights Holders may offer you thank-you gifts, perks, rewards or other signs of gratitude (“Premiums.”) Any Premiums offered to you are between you and the Rights Holder only, and Unglue.it does not guarantee that Premiums will be delivered or satisfactory to you. You understand that your pledge may be declined by Company, by the Payment Processor (defined below) or by the Rights Holder at their sole discretion. Unglue.it makes no representations whatsoever in connection with the use of any Contributions or the outcome of any Campaign.</p>
<p>Once a Contribution is made, it is nonrefundable. In the event of a suspended or withdrawn campaign, pledges will be allowed to expire according to their original time limits. If a suspended campaign is resolved and reactivated within a pledges time limit, that pledge will remain active.</p> <p>Once a Contribution is made, it is nonrefundable. In the event of a suspended or withdrawn campaign, pledges will be allowed to expire according to their original time limits. If a suspended campaign is resolved and reactivated within a pledges time limit, that pledge will remain active.</p>
<p>You acknowledge and agree that all your Contributions are between you, the Rights Holder, and the Processor only, and that Unglue.it is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.</p> <p>You acknowledge and agree that all your Contributions are between you and the Rights Holder only, and that Unglue.it is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Payment Processor.</p>
<p>Unglue.it is not a registered charity and Contributions are not charitable donations for tax purposes. Company makes no representations whatsoever regarding the tax deductibility of any Contribution. You are encouraged consult your tax advisor in connection with your Contribution.</p> <p>Unglue.it is not a registered charity and Contributions are not charitable donations for tax purposes. Company makes no representations whatsoever regarding the tax deductibility of any Contribution. You are encouraged consult your tax advisor in connection with your Contribution.</p>
<p>You acknowledge and understand that the Company uses third party payment processing services, such as Paypal or Amazon Payments, to collect the Contributions from you and/or for the distribution of Contributions to the Rights Holder or otherwise pursuant to the terms of this Agreement (a “Payment Processor”) and that your Contribution may be subject to terms and conditions imposed on you by the Payment Processor. The Company reserves the right, in its sole discretion, to select Payment Processors for this purpose and/or to change the Payment Processor without notice to you. </p> <p>You acknowledge and understand that the Company uses third party payment processing services, such as Stripe, to collect the Contributions from you and/or for the distribution of Contributions to the Rights Holder or otherwise pursuant to the terms of this Agreement (a “Payment Processor”) and that your Contribution may be subject to terms and conditions imposed on you by the Payment Processor. The Company reserves the right, in its sole discretion, to select Payment Processors for this purpose and/or to change the Payment Processor without notice to you. </p>
<p>You understand that funds pledged are not debited from your account until the Unglue.it Campaign to which the Supporter has contributed has concluded and the Campaign Goal has been met. You further appreciate that Rights Holders act in reliance on your pledge in determining whether their Campaign Goal has been met. You agree to maintain a sufficient balance in the account from which your contribution is to be paid to cover the full amount of the pledged Contribution at the conclusion of a successful Unglue.it Campaign.</p> <p>You understand that funds pledged to a Crowdfunding Campaign are not debited from your account until the Campaign to which the Ungluer has contributed has concluded and the Campaign Goal has been met. You further appreciate that Rights Holders act in reliance on your pledge in determining whether their Campaign Goal has been met. You agree to maintain a sufficient balance in the account from which your contribution is to be paid to cover the full amount of the pledged Contribution at the conclusion of a successful Campaign.</p>
<p>You understand that the Service is simply a platform for the conduct of Unglue.it Campaigns. When you make a pledge, and/or request a Premium using the Service or otherwise, the Rights Holder is solely responsible for delivery of any and all Premiums, goods and services, and any other terms, conditions, warranties or representations made to the Supporter in connection with an Unglue.it Campaign (“Fulfillment.”) You hereby release the Company and its officers, employees, agents, licensees and assignees from any and all loss, damage or other liability that may arise out of the Supporters participation in an Unglue.it Campaign based on insufficient Fulfillment or otherwise.</p> <p>You understand that the Service is simply a platform for the conduct of Crowdfunding Campaigns. When you make a pledge, and/or request a Premium using the Service or otherwise, the Rights Holder is solely responsible for delivery of any and all Premiums, goods and services, and any other terms, conditions, warranties or representations made to the Ungluer in connection with a Campaign (“Fulfillment.”) You hereby release the Company and its officers, employees, agents, licensees and assignees from any and all loss, damage or other liability that may arise out of the Ungluers participation in an Campaign based on insufficient Fulfillment or otherwise.</p>
<p>You understand and agree that delivery of a Premium, and/or distribution of a Creative Commons licensed work, may not occur until a period of time after the conclusion of a successful Unglue.it Campaign. Such a delay may occur, for example, when production or conversion of the Premium or digital work is not completed before the conclusion of the campaign.</p> <p>You understand and agree that delivery of a Premium, and/or distribution of a Creative Commons licensed work, may not occur until a period of time after the conclusion of a successful Crowdfunding Campaign. Such a delay may occur, for example, when production or conversion of the Premium or digital work is not completed before the conclusion of the campaign.</p>
<p>You authorize the Company to hold funds for up to ninety (90) days following the conclusion of an Unglue.it Campaign, pending proof of fulfillment by the Rights Holder.</p> <p>You authorize the Company to hold funds for up to ninety (90) days following the conclusion of a Crowdfunding Campaign, pending proof of fulfillment by the Rights Holder.</p>
<a id="supportingb2u"><h3>Supporting a Buy-To-Unglue Campaign</h3></a>
<p>You understand that you may purchase limited distribution licenses for works that are the subject of Buy-To-Unglue Campaigns. You further understand your obligation to obey the terms of the license embedded in each work so licensed. </p>
<p>You understand that fees for the licenses you purchase will be immediately charged to your account via a third party payment processor, and that you will be given an opportunity to download or access digital files containing the work.</p>
<p>You understand that if you purchase a Library License, the owner of the license must be a non-profit library or similar institution participating in Unglue.it. </p>
<p>The Unglue.it website may offer you the opportunity to designate a library that participates in Unglue.it. You understand that such opportunity is at the complete discretion of Unglue.it and the participating Library. You further agree to observe the rules and obligations which the library may set as a condition for accessing library-licensed works.</p>
<a id="rightsholders"><h3>Campaigns: Additional Terms for Rights Holders</h3></a> <a id="rightsholders"><h3>Campaigns: Additional Terms for Rights Holders</h3></a>
<p> <p>
The Company's mission is to make copyrighted literary works freely and readily available to all who wish to read them in digital form, while ensuring that authors, publishers and other copyright owners are compensated for their efforts and investment in creating and developing such works. </p> The Company's mission is to make copyrighted literary works freely and readily available to all who wish to read them in digital form, while ensuring that authors, publishers and other copyright owners are compensated for their efforts and investment in creating and developing such works. </p>
<p>The Company invites and encourages Rights Holders to propose Works for Creative Commons licensing via Unglue.it Campaigns. Rights Holders have to apply to the Company to initiate campaigns and, upon acceptance, the Rights Holder must enter into a Platform Services Agreement with the Company prior to starting an Unglue.it Campaign.</p> <p>The Company invites and encourages Rights Holders to propose Works for Creative Commons licensing via Campaigns. Rights Holders have to apply to the Company to initiate campaigns and, upon acceptance, the Rights Holder must enter into a Platform Services Agreement with the Company prior to starting a Campaign.</p>
<p>Rights Holders who have executed a Platform Services Agreement may claim works and may initiate and conduct Campaigns as described in the Rights Holder Tools page at <a href="https://unglue.it/rightsholders/">https://unglue.it/rightsholders/</a>.</p> <p>Rights Holders who have executed a Platform Services Agreement may claim works and may initiate and conduct Campaigns as described in the Rights Holder Tools page at <a href="https://unglue.it/rightsholders/">https://unglue.it/rightsholders/</a>.</p>
<p>There is no charge for Rights Holders to launch and fund a Campaign using the Service. However, the Company will withhold a “Sales Commission” of 6% of gross aggregate Contributions (or $60, whichever is greater) upon the completion of a successful Campaign. The Rights Holder is responsible for providing a Standard Ebook File at their own expense, as described in a Platform Services Agreement. </p> <p>There is no charge for Rights Holders to launch a Campaign using the Service. However, the Company will withhold a “Sales Commission” as specified in the Platform Services Agreement. The Rights Holder is responsible for providing a Standard Ebook File at their own expense. </p>
<p>The Rights Holder hereby authorizes the Company to use the Service to display and market the Subject Work, to collect Contributions or cause Contributions to be collected from Supporters on behalf of the Rights Holder, and to retain, reserve and/or distribute the Contributions to the Rights Holder, to the Company, to Designated Vendors (as defined below) or otherwise pursuant to the terms of this Agreement. </p> <p>The Rights Holder hereby authorizes the Company to use the Service to display and market the Subject Work, to collect Contributions and License Fees or cause them to be collected from Ungluers on behalf of the Rights Holder, and to retain, reserve and/or distribute the Contributions to the Rights Holder, to the Company, to Designated Vendors (as defined below) or otherwise pursuant to the terms of this Agreement. </p>
<p>The Rights Holder acknowledges and understands that the Company uses one or more third party payment processing services to collect Contributions and/or for the distribution of Contributions to the Rights Holder or otherwise pursuant to the terms of this Agreement (the “Payment Processor.”) The Company reserves the right, in its sole discretion, to select Payment Processors for this purpose and to change Payment Processors at any time, with or without notice to the Rights Holder. The Rights Holder hereby consents to any and all modifications of any of the terms and conditions of this Agreement as may be required or requested by the Payment Processor from time to time as a condition of continuing service to the Company or otherwise. The Rights Holder understands and agrees that the Company may hold funds for up to 90 days following the conclusion of an Unglue.it Campaign, pending proof of fulfillment by the Rights Holder, and that Payment Processors may withhold funds for various reasons according to their own terms of service.</p> <p>The Rights Holder acknowledges and understands that the Company uses one or more third party payment processing services to collect Contributions and/or for the distribution of Contributions to the Rights Holder or otherwise pursuant to the terms of this Agreement (the “Payment Processor.”) The Company reserves the right, in its sole discretion, to select Payment Processors for this purpose and to change Payment Processors at any time, with or without notice to the Rights Holder. The Rights Holder hereby consents to any and all modifications of any of the terms and conditions of this Agreement as may be required or requested by the Payment Processor from time to time as a condition of continuing service to the Company or otherwise. The Rights Holder understands and agrees that the Company may hold funds for up to 90 days after collection, and that Payment Processors may withhold funds for various reasons according to their own terms of service.</p>
<p>Paypal is one of the Payment Processors that the Company may use from time to time as part of the Service. In order to launch a Campaign, Rights Holders must have a Paypal account and agree to Paypal's terms and conditions. </p> <p>The duration of any single Crowdfunding Campaign shall be determined by the Rights Holder, provided that no single Campaign shall be longer than one hundred eighty (180) days.</p>
<p>The duration of any single Unglue.it Campaign shall be determined by the Rights Holder, provided that no single Unglue.it Campaign shall be longer than one hundred eighty (180) days.</p>
<p>No Premium may be offered on the Website that constitutes an illegal, prohibited or restricted item in the United States. Items that are prohibited or restricted by the Company include, but are not limited to, alcoholic beverages, firearms, knives or other weapons, drugs, drug-like substances and paraphernalia, counterfeit currency and stamps, credit cards, electronic surveillance equipment, hazardous materials, medical devices, or any other item that is illegal. The Company reserves the right to remove Premium items from the Website in its sole discretion and without notice to the Rights Holder.</p> <p>No Premium may be offered on the Website that constitutes an illegal, prohibited or restricted item in the United States. Items that are prohibited or restricted by the Company include, but are not limited to, alcoholic beverages, firearms, knives or other weapons, drugs, drug-like substances and paraphernalia, counterfeit currency and stamps, credit cards, electronic surveillance equipment, hazardous materials, medical devices, or any other item that is illegal. The Company reserves the right to remove Premium items from the Website in its sole discretion and without notice to the Rights Holder.</p>
<p>The Rights Holder shall not, whether as a Premium or otherwise, use the Service to offer any financial incentive to potential Supporters. The prohibition against financial incentives expressly includes, but is not limited to, a share of profits or ownership interest in any entity, interest payable on any Contributions, or any Premium that would require registration under the securities laws of any country or state, including but not limited to the state or federal securities laws and regulations of the United States.</p> <p>The Rights Holder shall not, whether as a Premium or otherwise, use the Service to offer any financial incentive to potential Ungluers. The prohibition against financial incentives expressly includes, but is not limited to, a share of profits or ownership interest in any entity, interest payable on any Contributions, or any Premium that would require registration under the securities laws of any country or state, including but not limited to the state or federal securities laws and regulations of the United States.</p>
<p>The Standard Ebook File as referenced in the Platform Service Agreement shall meet the following set of criteria:</p> <p>The Standard Ebook File shall meet the following set of criteria:</p>
<ul class="terms"> <ul class="terms">
<li>Unless otherwise permitted in writing by Unglue.it, the file shall use the EPUB standard format format according to best practice at time of submission. Exceptions will be made for content requiring more page layout than available in prevailing EPUB implementations.</li> <li>Unless otherwise permitted in writing by Unglue.it, the file shall use the EPUB standard format format according to best practice at time of submission. Exceptions will be made for content requiring more page layout than available in prevailing EPUB implementations.</li>
<li>The file shall be compliant where ever reasonable with the QED inspection checklist specified at <a href="http://www.publishinginnovationawards.com/featured/qed">http://www.publishinginnovationawards.com/featured/qed </a> </li> <li>The file shall be compliant where ever reasonable with the QED inspection checklist specified at <a href="http://www.publishinginnovationawards.com/featured/qed">http://www.publishinginnovationawards.com/featured/qed </a> </li>
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<li>The file shall contain front matter which includes the following: <li>The file shall contain front matter which includes the following:
<ul class="terms"> <ul class="terms">
<li>a list of ISBNs of other editions of the work</li> <li>a list of ISBNs of other editions of the work</li>
<li> <i>For Crowdfunding Camaigns only</i><ol>
<li>the Creative Commons license selected for the campaign, formatted in accordance with best practices at <a href="http://wiki.creativecommons.org/Marking/Creators">http://wiki.creativecommons.org/Marking/Creators</a>, and a statement that for the purposes of the license, "Non-Commercial" use shall include, but not be limited to, the distribution of the Work by a commercial entity without charge.</li> <li>the Creative Commons license selected for the campaign, formatted in accordance with best practices at <a href="http://wiki.creativecommons.org/Marking/Creators">http://wiki.creativecommons.org/Marking/Creators</a>, and a statement that for the purposes of the license, "Non-Commercial" use shall include, but not be limited to, the distribution of the Work by a commercial entity without charge.</li>
<li>an acknowledgement of supporters of the work, formatted in accordance with the premium descriptions on the Campaign page.</li> <li>an acknowledgement of Ungluers of the work, formatted in accordance with the premium descriptions on the Campaign page.</li>
<li>The Unglue.it logo</li> <li>The Unglue.it logo</li>
<li>the text “CC edition release enabled by Unglue.it users” (including the hyperlink to the site)</li> <li>the text “CC edition release enabled by Unglue.it users” (including the hyperlink to the site)</li>
<li>The Rights Holder must offer the schedule of Standard Premiums as described at at ( <a href="https://unglue.it/rightsholders/">https://unglue.it/rightsholders/</a>) in effect at the time of launching an Unglue.it Campaign.</li> <li>The Rights Holder must offer the schedule of Standard Premiums as described at at ( <a href="https://unglue.it/rightsholders/">https://unglue.it/rightsholders/</a>) in effect at the time of launching a Crowdfunding Campaign.</li>
</ul></li> </ol>
</li>
<li><i>For Buy-To-Unglue Campaigns</i>, the Unglue.it platform will embed a personalized licensed statement into front matter for each delivered file</li>
</ul>
<li>The cover graphic shall match any description given in the Campaign.</li> <li>The cover graphic shall match any description given in the Campaign.</li>
<li>Any graphics which must be excluded from the released ebook shall be specified in the description given in the campaign. <li>Any graphics which must be excluded from the released ebook shall be specified in the description given in the campaign.
</ul> </ul>
<p>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.</p> <p>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.</p>
<p>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 Companys <a href="https://unglue.it/privacy/">Privacy Policy</a>.</p> <p>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 Companys <a href="https://unglue.it/privacy/">Privacy Policy</a>.</p>
<p>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.</p> <p>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.</p>
<p>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.</p> <p>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.</p>
<p>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.</p> <p>A Buy-To-Unglue campaign is deemed successful on its Effective Ungluing Date. The Effective Ungluing Date is determined as follows:
<ol>
<li> 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.</li>
<li>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.</li>
<li>After launch, the Effective Ungluing Date is determined by the following formulae:
<pre>
(days per dollar) = [(initial ungluing date) - (campaign launch date)] / (campaign goal)
(current cc date) = (initial ungluing date) - (gross revenue)*(days per dollar)
</pre></li></ol>
<p> 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.</p>
<p>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.</p>
<p>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. </p> <p>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. </p>
<p>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.</p> <p>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.</p>
<p>No later than seven (7) days from the receipt by the Company of the Rights Holders 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:</p> <p>No later than seven (7) days from the receipt by the Company of the Rights Holders 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:</p>
<ol> <ol>
<li> any transaction fees deducted or otherwise charged to the Company by the Payment Processor;</li> <li> any transaction fees deducted or otherwise charged to the Company by the Payment Processor;</li>
<li> any transaction fees deducted or other charges imposed by the Rights Holders respective banks, credit card companies or other financial institutions in connection with the Contributions;</li> <li> any transaction fees deducted or other charges imposed by the Rights Holders respective banks, credit card companies or other financial institutions in connection with the Contributions;</li>
@ -170,7 +196,9 @@ The Company's mission is to make copyrighted literary works freely and readily a
<li> any Conversion Costs payable to any Designated Vendor. </li> <li> any Conversion Costs payable to any Designated Vendor. </li>
</ol> </ol>
<p>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.</p> <p>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.</p>
<p>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.</p>
<p>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. </p> <p>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. </p>
@ -178,7 +206,7 @@ The Company's mission is to make copyrighted literary works freely and readily a
<a id="termination"><h3>Termination</h3></a> <a id="termination"><h3>Termination</h3></a>
<p>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.</p> <p>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.</p>
<a id="modification"><h3>Modification of Terms</h3></a> <a id="modification"><h3>Modification of Terms</h3></a>