draft terms added
Andromeda Yelton
parent
cd53080ac6
commit
ea728750ae
|
|
@ -1,6 +1,7 @@
|
|||
<!DOCTYPE html>
|
||||
{# raw url references raise test errors in tests for django registration; this is a workaround #}
|
||||
{% url privacy as privacyurl %}
|
||||
{% url terms as termsurl %}
|
||||
{% url regluit.frontend.views.edit_user as editurl %}
|
||||
{% url rightsholders as rhtoolsurl %}
|
||||
{% url faq as faqurl %}
|
||||
|
|
@ -82,7 +83,7 @@
|
|||
{% endif %}
|
||||
<li><a href="{{rhtoolsurl}}">Rights Holder Tools</a></li>
|
||||
<li><a href="{{privacyurl}}">Privacy</a></li>
|
||||
<li><a href="/stub/terms_and_conditions">Terms and Conditions</a></li>
|
||||
<li><a href="{{termsurl}}">Terms and Conditions</a></li>
|
||||
{% if user.is_staff %}
|
||||
<li><a href="{{adminurl}}">Unglue.it Administration</a></li>
|
||||
{% endif %}
|
||||
|
|
|
|||
|
|
@ -0,0 +1,195 @@
|
|||
{% extends "basedocumentation.html" %}
|
||||
|
||||
{% block title %}Terms of Service{% endblock %}
|
||||
|
||||
{% block doccontent %}
|
||||
|
||||
[Prolegomenon. The following parts of the PSA expressly reference parts of these Terms that we need to write:<br /><br />
|
||||
“Sales Commission is the fee due to Gluejar for use of the Unglue It Service, and is calculated based on the percentage of the Gross Licensing Price set forth in the Website Terms at the time a Campaign is initially launched.”<br /><br />
|
||||
Standard Ebook File -- “A digital file with the complete content of a published book, formatted according to the specifications indicated by Gluejar in the Website Terms.”<br /><br />
|
||||
“The mechanisms of initiating and conducting a Campaign shall be set forth and governed by the Website Terms.”<br /><br />
|
||||
“[rights holder] Content and communications shall be subject to the Website Terms.”<br /><br />
|
||||
we can terminate a campaign if “Gluejar receives a complaint from a third party (consistent with the terms set forth for such complains in the Website Terms”<br /><br />
|
||||
|
||||
This section is included here for ease of reviewing these Terms and should be excluded from the final version.]<br /><br />
|
||||
|
||||
[NB: The “fees and payments” section has been removed as its content has been subsumed into other sections. Do we need a section specifically devoted to Fees and Payments?]<br /><br />
|
||||
|
||||
<h2>unglue.it Draft Terms of Use</h2>
|
||||
|
||||
<p>Date of last revision: December 16, 2011</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="#supporting">Supporting a Campaign</a><br />
|
||||
<a href="#rightsholders">Campaigns: Additional Terms for Rights Holders</a><br />
|
||||
<a href="#termination">Termination</a><br />
|
||||
<a href="#modification">Modification of Terms</a><br />
|
||||
<a href="#warranty">Warranty Disclaimer</a><br />
|
||||
<a href="#limitation">Limitation of Liability</a><br />
|
||||
<a href="#governinglaw">Governing Law</a><br />
|
||||
<a href="#giraffes">Indemnification</a><br />
|
||||
<a href="#international">International</a><br />
|
||||
<a href="#integration">Integration and Severability</a><br />
|
||||
<a href="#dmca">DMCA Notice</a><br />
|
||||
<a href="#notice">Electronic Delivery/Notice Policy and Your Consent</a><br />
|
||||
<a href="#miscellaneous">Miscellaneous</a><br />
|
||||
|
||||
<a name="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"). This terms of use agreement (the "Agreement") governs your use of the web site and the service owned and operated by Gluejar (collectively with the site, the “Service”). 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 Site by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, 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>
|
||||
|
||||
<a name="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, though, including wishlisting and pledging, you will need to register with unglue.it. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID 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.</p>
|
||||
|
||||
<a name="use"><h3>Use of the Service</h3></a>
|
||||
|
||||
<p>Except as allowed by the Platform Services Agreement, the Service is provided only for your personal, non-commercial use. You are responsible for all of your activity in connection with the Service.</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>
|
||||
<li>violate anyone’s right of privacy;</li>
|
||||
<li>act in any way that might give rise to civil or criminal liability;</li>
|
||||
<li>infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;</li>
|
||||
<li>harass, threaten, or otherwise annoy anyone.</li>
|
||||
</ul>
|
||||
|
||||
<p>Additionally, you shall not interfere with the proper working of the Service or any activities conducted on the Service or take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure.</p>
|
||||
|
||||
<a name="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, you:</p>
|
||||
<ul>
|
||||
<li>acknowledge that you may be identified publicly by your User ID in association with any such User Submission;</li>
|
||||
<li>grant 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>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 these Terms of Use; 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>agree to pay all royalties and other amounts owed to any person or entity due to your posting of any User Content to the Service;</li>
|
||||
<li>[need a verb here] 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>
|
||||
<li>understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.</li>
|
||||
</ul>
|
||||
|
||||
<p>You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.</p>
|
||||
|
||||
<a name="thirdparty"><h3>Third Party Content</h3></a>
|
||||
|
||||
<p>The Service may contain links to other websites or services not controlled by Gluejar, 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 name="fundraising"><h3>Campaigns: Fund-Raising and Commerce</h3></a>
|
||||
|
||||
<p>unglue.it is a venue for fund-raising and commerce. unglue.it allows certain users ("Rights Holders") to list campaigns and raise funds from other users ("Supporters"). All funds are collected for Rights Holders by Paypal. unglue.it does not, at any time, receive or hold any monies intended for Rights Holders.</p>
|
||||
|
||||
<p>Gluejar 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. Gluejar does not oversee the performance or punctuality of campaigns. Gluejar 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. Gluejar 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 Gluejar, 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 name="supporting"><h3>Supporting a Campaign</h3></a>
|
||||
|
||||
<p>Joining unglue.it is as a supporter is free. However, unglue.it may provide you the opportunity to make Donations or Pledges (collectively, Contributions) to Campaigns on the Service. You may contribute to any active Campaign in any amount you choose. You may contribute to as many Campaigns as you like.</p>
|
||||
|
||||
<p>It is solely your choice to contribute to a Campaign. You understand that making a Contribution to a Project 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 solicit other funding for the Campaign, enter into contracts for the Campaign, and otherwise direct the Campaign in its sole discretion. You further understand that nothing in this Agreement or otherwise limits Gluejar's right to enter into agreements or business relationships relating to Campaigns. Gluejar does not guarantee that any Campaign’s goal will be met. Any Rewards offered to you are between you and the Rights Holder only, and Gluejar does not guarantee that Rewards will be delivered or satisfactory to you. Gluejar does not warrant the use of any Campaign funding or the outcome of any Campaign.</p>
|
||||
|
||||
<p>Donations to Campaigns are nonrefundable. Under certain circumstances Gluejar may, but is under no obligation to, seek the refund of Campaign Funding if a Rights Holder misrepresents the Campaign or misuses the funds. 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 Pledge’s 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 Gluejar is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.</p>
|
||||
|
||||
<p>Gluejar makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.</p>
|
||||
|
||||
<a name="rightsholders"><h3>Campaigns: Additional Terms for Rights Holders</h3></a>
|
||||
|
||||
<p>Joining unglue.it as a rights holder is free. However, we do charge a Sales Commission on the completion of a successful campaign, as well as require rights holders to supply a Standard Ebook File at their own expense, as described in the Platform Services Agreement. Pursuant to the Platform Services Agreement, Gluejar will collect a Sales Commission of 6% on the Gross Licensing Price of successful campaigns. [?] We may change this rate from time to time. Changes to that rate are effective after we provide you with notice by posting the changes on the Site. We may choose to temporarily change the rates for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.</p>
|
||||
|
||||
<p>The Standard Ebook File referenced in the Platform Service Agreement shall meet the following set of criteria:</p>
|
||||
<ul>
|
||||
<li>The file shall be in epub3 format.</li>
|
||||
<li>The file shall be compliant with the QED inspection checklist. (http://www.publishinginnovationawards.com/featured/qed)</li>
|
||||
<li>The file shall have no more than 0.2 typographical or scanning errors per page of English text.</li>
|
||||
<li>The file shall contain front matter which includes the following:</li>
|
||||
<ul>
|
||||
<li>a list of ISBNs of other editions of the work</li>
|
||||
<li>the Creative Commons license applied to the work, formatted in accordance with best practices at http://wiki.creativecommons.org/Marking/Creators</li>
|
||||
<li>an acknowledgement of supporters of the work, formatted in accordance with the premium descriptions on the Campaign page.</li>
|
||||
<li>unglue.it’s logo</li>
|
||||
<li>the text “CC edition release enabled by unglue.it users” (including the hyperlink to the site)</li>
|
||||
</ul>
|
||||
<li>The cover graphic shall match any description given in the Campaign.</li>
|
||||
</ul>
|
||||
|
||||
<p>[we need to set forth the mechanisms of initiating and conducting a campaign, as referenced in the PSA. Do we need to spell them out here or can we say “as described in the Rights Holder Tools page at (URL)? Do we need to cover any rules of conduct other than those covered in Use of the Service/Content and License?]</p>
|
||||
|
||||
<p>Gluejar may release Supporter information to Rights Holders, or invite Supporters to share this information, as needed to fulfill the terms of campaigns. As a Rights Holder, you agree to treat this information in a manner consistent with the Gluejar Privacy Policy.</p>
|
||||
|
||||
<p>As a Rights Holder, you are responsible for paying all fees and applicable taxes associated with your use of the site. In the event a listing is removed from the Service for violating the Terms of Use, all fees paid will be non-refundable, unless in its sole discretion Gluejar determines that a refund is appropriate.</p>
|
||||
|
||||
<p>Rights Holders may initiate refunds at their own discretion. Gluejar is not responsible for issuing refunds for funds that have been collected by Rights Holders.</p>
|
||||
|
||||
<p>Donations and Pledges to campaigns are collected on behalf of Gluejar by Paypal. Gluejar makes no guarantees regarding the performance or fairness of Paypal. Additionally, because of occasional failures of some credit cards, Gluejar cannot guarantee the full receipt of pledged or donated amounts.</p>
|
||||
|
||||
<p>Though Gluejar 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. Gluejar reserves the right to cancel a campaign, refund all associated members' payments, and cancel all associated members’ pledges at any time for any reason. Gluejar reserves the right to cancel, interrupt, suspend, or remove a campaign listing at any time for any reason.</p>
|
||||
|
||||
<a name="termination"><h3>Termination</h3></a>
|
||||
|
||||
<p>The Company may immediately terminate this Agreement at its sole discretion at any time upon written notice (including via email) to you. Upon termination, you agree that the Company may immediately deactivate 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 Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.</p>
|
||||
|
||||
<a name="modification"><h3>Modification of Terms</h3></a>
|
||||
|
||||
<p>The Company may modify this Agreement from time to time, and your continued use of the Service constitutes your acceptance of any and all modifications. The Company will attempt to notify you of substantial modifications by posting a notice on unglue.it or by sending you an email.</p>
|
||||
|
||||
<a name="warranty"><h3>Warranty Disclaimer</h3></a>
|
||||
|
||||
<p>The service is provided “as is” and “as available” and is without warranty of any kind, express or implied. Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) the Service will be free from error, or that errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; (d) all content is noninfringing in your jurisdiction; or (e) the results of using the service will meet your requirements. Your use of the service is solely at your own risk. </p>
|
||||
|
||||
<p>Electronic Communications Privacy Act Notice (18USC 2701-2711): Company makes no guarantee of confidentiality or privacy of any communication or information transmitted through the Service or any web site linked to unglue.it. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.</p>
|
||||
|
||||
<a name="limitation"><h3>Limitation of Liability</h3></a>
|
||||
|
||||
<p>Under no circumstances, including, without limitation, negligence, shall the Company or its directors, affiliates, officers, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Service, or any content contained on the Site or in the Collections, including, without limitation, damages for loss of profits, use, data, or other intangibles. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.</p>
|
||||
|
||||
<a name="governinglaw"><h3>Governing Law</h3></a>
|
||||
|
||||
<p>This agreement is governed by and shall be interpreted and construed according to the laws of the United States with respect to copyright law and the laws of New York with regard to all other matters, without regard to conflict of laws rules to the contrary. At Gluejar’s option, any controversy or claim arising out of or related to this Agreement or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If Gluejar elects to settle any controversy or claim in court rather than through arbitration, then the dispute shall be subject to the exclusive jurisdiction of the applicable federal and state courts located in New York state, and the Parties hereby consent to such jurisdiction.</p>
|
||||
|
||||
<a name="giraffes"><h3>Indemnification</h3></a>
|
||||
|
||||
<p>You agree to indemnify, defend and hold harmless the Company and its affiliates, agents, officers, directors, and employees from any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of the Service, including claims or penalties with respect to such withholding taxes, labor or employment requirements with respect to any Campaign funds paid to you.</p>
|
||||
|
||||
<a name="international"><h3>International</h3></a>
|
||||
|
||||
<p>The Service is controlled and operated from its facilities in the United States. Gluejar makes no representations that the Service is appropriate or available for use in other locations. If you access the Service from other locations, you do so at your own initiative and are solely responsible for compliance with local law.</p>
|
||||
|
||||
<a name="integration"><h3>Integration and Severability</h3></a>
|
||||
|
||||
<p>This Agreement, together with any other legal notices and agreements published by Gluejar via the Service, and where applicable a Platform Services Agreement, constitute the entire agreement between you and Gluejar concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. </p>
|
||||
|
||||
<a name="dmca"><h3>DMCA Notice</h3></a>
|
||||
|
||||
<p>Gluejar respects the intellectual property rights and other proprietary rights of others. If you believe that your copyright has been violated by material available through the Service, please provide the Gluejar Copyright Agent with the following information in writing:</p>
|
||||
<ul>
|
||||
<li>an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;</li>
|
||||
<li>a description of the copyrighted work that you claim has been infringed;</li>
|
||||
<li>a description of where the material that you claim is infringing is located on unglue.it, sufficient for us to locate the material;</li>
|
||||
<li>your address, telephone number, and email address;</li>
|
||||
<li>a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and</li>
|
||||
<li>a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.</li>
|
||||
</ul>
|
||||
|
||||
<p>The Gluejar Copyright Agent can be reached as follows:</p>
|
||||
Gluejar Copyright Agent<br />
|
||||
Gluejar, Inc.<br />
|
||||
41 Watchung Plaza, #132<br />
|
||||
Montclair, NJ 07042<br />
|
||||
USA<br />
|
||||
dmca@gluejar.com<br />
|
||||
(EH: we need a phone number for this. What?)<br />
|
||||
|
||||
<p>If you believe that a Campaign on the site does or will result in infringement of copyright even though you are not authorized to act on behalf of the copyright holder, please follow the relevant steps above.</p>
|
||||
|
||||
<a name="notice"><h3>Electronic Delivery/Notice Policy and Your Consent</h3></a>
|
||||
<p>Gluejar may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website. By using the Service, you consent to receive such communications.</p>
|
||||
|
||||
<a name="miscellaneous"><h3>Miscellaneous</h3></a>
|
||||
|
||||
<p>No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.</p>
|
||||
{% endblock %}
|
||||
|
|
@ -16,6 +16,8 @@ urlpatterns = patterns(
|
|||
url(r"^search/$", "search", name="search"),
|
||||
url(r"^privacy/$", TemplateView.as_view(template_name="privacy.html"),
|
||||
name="privacy"),
|
||||
url(r"^terms/$", TemplateView.as_view(template_name="terms.html"),
|
||||
name="terms"),
|
||||
url(r"^rightsholders/$", "rh_tools", name="rightsholders"),
|
||||
url(r"^rightsholders/campaign/(?P<id>\d+)/$", "manage_campaign", name="manage_campaign"),
|
||||
url(r"^rightsholders/claim/$", "claim", name="claim"),
|
||||
|
|
|
|||
Loading…
Reference in New Issue