Merge pull request #218 from Gluejar/update_tou

now reviewed by attorney

frontend/templates/terms.html

@@ -13,14 +13,14 @@
 {% block doccontent %}
 <h2>Unglue.it Terms of Use</h2>
 
-<p>Date of last revision: October 2, 2013</p>
+<p>Date of last revision: October 7, 2013</p>
 
 <a href="#acceptance">Acceptance of Terms</a><br />
 <a href="#registration">Registration</a><br />
 <a href="#use">Use of the Service</a><br />
 <a href="#content">Content and License</a><br />
 <a href="#thirdparty">Third Party Content</a><br />
-<a href="#fundraising">Campaigns: Fund-Raising and Commerce</a><br />
+<a href="#fundraising">Unglue.it Provides Platform Only</a><br />
 <a href="#supporting">Supporting a Pledge 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 />
@@ -38,7 +38,7 @@
 
 <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 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 "Pledge Campaign" or a "Buy-to-Unglue Campaign". In a Pledge 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>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 "Pledge Campaign" or a "Buy-to-Unglue Campaign". In a Pledge 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 an advance of the date specified for release of the work 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 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.
@@ -50,7 +50,9 @@
 
 <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, 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>Unless you are a Rights Holder who has entered into a Platform Services Agreement with the Company (the “PSA”), and in which case only as expressly authorized by the PSA,  the Service is provided only for your personal, non-commercial use, and for use by libraries and similar non-profit entities. </p>
+
+<p>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>
 <ul class="terms">
@@ -64,10 +66,13 @@
 
 <a id="content"><h3>Content and License</h3></a>
 
-<p>Some areas of the Service may allow you to post feedback, comments, questions, and other information. Any such postings, together with Campaigns, constitute "User Content." You are solely responsible for your User Content that you upload, publish, display, or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  Unglue.it does not endorse, control, or have ownership rights to User Content.  By posting User Content, :</p>
+<p>Some areas of the Service may allow you to post feedback, comments, questions, and other information. Any such postings, together with Campaigns, constitute "User Content." You are solely responsible for any User Content that you upload, publish, display, or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  The Company does not endorse, control, or have ownership rights to User Content.  </p>
+
+<p>By posting User Content:</p>
 <ul class="terms">
 <li>you acknowledge that you may be identified publicly by your Username in association with any such User Content;</li>
-<li>you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Service and Company’s (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing;</li>
+<li>you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Service and Company’s (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites); </li>
+<li>you hereby do and shall grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing;</li>
 <li>you represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Content, or that the content in such User Content is in the public domain or subject to an appropriate license (e.g. Creative Commons), (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Content to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by this Agreement; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;</li>
 <li>you agree to pay any and all license fees, royalties and other compensation payable to any person or entity due to your posting of any User Content to the Service;</li>
 <li>you warrant that the use or other exploitation of such User Content by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and</li>
@@ -78,11 +83,11 @@
 
 <a id="thirdparty"><h3>Third Party Content</h3></a>
 
-<p>The Service may contain links to other websites or services not controlled by Unglue.it, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.</p>
+<p>The Service may contain links to other websites or services not controlled by the Company, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.</p>
 
-<a id="fundraising"><h3>Campaigns: Fund-Raising and Commerce</h3></a>
+<a id="fundraising"><h3>Unglue.it Provides Platform Only</h3></a>
 
-<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 is a platform that 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 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>