Date of last revision: October 2, 2013
+Date of last revision: October 7, 2013
Acceptance of TermsWelcome 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.
+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.
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.
@@ -50,7 +51,9 @@
Use of the Service
-
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.
+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.
+ +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:
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, :
+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.
+ +By posting User Content:
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.
+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.
-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.
+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.
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.
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 Pledge Campaigns listed on the Service. You may contribute to any active Pledge 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.
+Becoming a registered user of Unglue.it is free of charge. However, Unglue.it may provide you with the opportunity to make contributions or pledges (collectively, “Contributions”) to Pledge Campaigns listed on the Service. You may contribute to any active Pledge 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.
You are not required to contribute to any Pledge Campaign. You understand that making a Contribution to a Pledge 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 Pledge Campaign’s 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.
@@ -110,11 +116,20 @@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.
+Becoming a registered user of Unglue.it is free of charge. However, Unglue.it may provide you with the opportunity to 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.
-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.
+When you download a digital work using the Service under the Buy-to-Unglue campaign, you agree to the following terms:
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.
+You release the Company from any liability in the event that the Company fails to provide you with a format for the Work that is compatible with your existing hardware and/or software.
+ +You understand that if you pay for a Library License, the owner of the license must be a non-profit library or similar institution participating in Unglue.it, and that the library is required to enter into the Company’s standard Library License agreement prior to the provision of the Services.
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.
@@ -126,7 +141,7 @@ The Company's mission is to make copyrighted literary works freely and readily aRights 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 https://unglue.it/rightsholders/.
-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.
+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 its own expense.
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.
@@ -146,7 +161,7 @@ The Company's mission is to make copyrighted literary works freely and readily aTo provide confirmation of Fulfillment and become eligible to receive Contributions made in a successful Pledge 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.
+To provide confirmation of Fulfillment and become eligible to receive Contributions made in a successful Pledge 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.
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.