Your
Acceptance
By using or visiting the Publishchain website or any Publishchain
products, software, data feeds, and services provided to you on, from, or
through the Publishchain website (collectively the “Service”) you signify your
agreement to (1) these terms and conditions (the “Terms of Service”) (2) Publishchain’s
Privacy Policy, found at https://www.and
incorporated herein by reference. If you do not agree to any of these terms,
the Publishchain Privacy Policy, or the Community Guidelines, please do not use
the Service.
Although we may attempt to notify you when major changes are
made to these Terms of Service, you should periodically review the most
up-to-date version at https://www. Publishchain may,
in its sole discretion, modify or revise these Terms of Service and policies at
any time, and you agree to be bound by such modifications or revisions. Nothing
in these Terms of Service shall be deemed to confer any third-party rights or
benefits.
Service
These Terms of Service apply to all users of the Service,
including users who are also contributors of Content on the Service. “Content”
includes the text, software, scripts, graphics, photos, sounds, music, videos,
audiovisual combinations, interactive features and other materials you may view
on, access through, or contribute to the Service. The Service includes all
aspects of Publishchain, including but not limited to all products, software
and services offered via the Publishchain website, and other applications.
PUBLISHCHAIN
Accounts and Royalties
In order to access some features of the Service, you will
have to create a Publishchain account. You may never use another’s account
without permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that occurs
on your account, and you must keep your account password secure. You must
notify Publishchain immediately of any breach of security or unauthorized use
of your account.
Although Publishchain will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for the
losses of Publishchain or others due to such unauthorized use.
The creator of an account is accountable for entering the
ebook distribution royalties for each contributor. Publishchain cannot be held
responsible for incorrect information entered by the creator of an account in
the smart contract.
To have the royalties distributed to each contributor of the
ebook as specified in your smart contract, each contributor must create a Publishchain
account. When entering the contributors in your in the smart contract, you must
use the email that you contributors used for creating their account. This is
mandatory for the automation of the royalty’s distribution.
Royalties for the sell and resell of the ebook are
distributed to the contributors, as specified in the smart contract associated
to your book.
General
Use of the Service—Permissions and Restrictions
Publishchain hereby grants you permission to access and use
the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the
Service or the Content without Publishchain’s prior written authorization,
unless Publishchain makes available the means for such distribution through
functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or
other explicitly authorized means Publishchain may designate.
You agree not to use the Service for any of the following
commercial uses unless you obtain Publishchain’s prior written approval: the
sale of access to the Service; the sale of advertising, sponsorships, or
promotions placed on or within the Service or Content; or
Prohibited commercial uses do not include: any use that Publishchain
expressly authorizes in writing.
You agree not to use or launch any automated system,
including without limitation, “robots,” “spiders,” or “offline readers,” that
accesses the Service in a manner that sends more request messages to the Publishchain
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the
foregoing, Publishchain grants the operators of public search engine’s
permission to use spiders to copy materials from the site for the sole purpose
of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. Publishchain reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Service,
nor to use the communication systems provided by the Service (e.g., comments,
email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Service with respect to their content.
In your use of the Service, you will comply with all
applicable laws.
Publishchain reserves the right to discontinue any aspect of
the Service at any time.
Your Use
of Content
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of content.
The Content on the Service, and the trademarks, service
marks and logos (“Marks”) on the Service, are owned by or licensed to Publishchain,
subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for
your information and personal use solely as intended through the provided
functionality of the Service and as permitted under these Terms of Service. You
shall not download any content unless you see a “download” or similar link
displayed by Publishchain on the Service for that content. You shall not copy,
reproduce, distribute, transmit, broadcast, display, sell, license, or
otherwise exploit any content for any other purposes without the prior written
consent of Publishchain or the respective licensors of the content. Publishchain
and its licensors reserve all rights not expressly granted in and to the
Service and the Content.
You agree not to circumvent, disable or otherwise interfere
with security-related features of the Service or features that prevent or
restrict use or copying of any content or enforce limitations on use of the Service
or the Content therein.
You understand that when using the Service, you will be
exposed to content from a variety of sources, and that Publishchain is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such content. You further understand and acknowledge
that you may be exposed to content that is inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against Publishchain with
respect thereto, and, to the extent permitted by applicable law, agree to
indemnify and hold harmless Publishchain, its owners, operators, affiliates,
licensors, and licensees to the fullest extent allowed by law regarding all
matters related to your use of the Service.
Your
Content and Conduct
As a Publishchain account holder you may submit Content to
the Service, including user comments. You understand that Publishchain does not
guarantee any confidentiality with respect to any content you submit.
You shall be solely responsible for your own content and the
consequences of submitting and publishing your Content on the Service. You
affirm, represent, and warrant that you own or have the necessary licences,
rights, consents, and permissions to publish content you submit; and you
license to Publishchain all patent, trademark, trade secret, copyright or other
proprietary rights in and to such Content for publication on the Service
pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your
content. However, by submitting Content to Publishchain, you hereby grant Publishchain
a worldwide, non-exclusive, royalty-free, sublicensable and transferable
licence to use, distribute, display, and perform the Content as specified in
the smart contract associated with your work in connection with the Publishchain’s
(and its successors’ and affiliates’) business Service, including without
limitation for promoting and redistributing part or all of the Service in any
social media formats and through any media channels. You also hereby grant each
user of the Service a non-exclusive licence to access your content through the
Service, and to use, distribute, display and perform such content as permitted
through the functionality specified in your smart contract associated with your
work from the Service and under these Terms of Service. The above licences
granted by your content you submitted to the Service terminate within a
commercially reasonable time no greater than 20 business days after you remove
or delete your content by using content graveyard from the Service. You
understand and agree, however, that Publishchain may retain, but not display,
distribute, or perform, server copies of your contents that have been removed
or deleted by using content graveyard. The above licences granted by you in
user comments you submit are perpetual and irrevocable.
You further agree that content you submit to the Service
will not contain third party copyrighted material, or material that is subject
to other third-party proprietary rights, unless you have permission from the
rightful owner of the material or you are otherwise legally entitled to post
the material and to grant Publishchain all of the licence rights granted
herein.
You further agree that you will not submit to the Service
any Content or other material that is contrary to applicable local, national,
and international laws and regulations.
Publishchain will process any audio or audiovisual content
uploaded by you to the Service in accordance with the Publishchain Data
Protection Terms at https://www.
Publishchain does not endorse any content submitted to the
Service by any user or other licensor, or any opinion, recommendation, or
advice expressed therein, and Publishchain expressly disclaims any and all
liability in connection with Content. Publishchain does not permit copyright
infringing activities and infringement of intellectual property rights on the
Service, and Publishchain will remove all content if properly notified that
such content infringes on another’s intellectual property rights. Publishchain reserves
the right to remove Content without prior notice.
Account
Termination Policy
Publishchain will terminate a user’s access to the Service
if, under appropriate circumstances, the user is determined to be a repeat
infringer.
Publishchain reserves the right to decide whether Content
violates these Terms of Service for reasons other than copyright infringement,
such as, but not limited to, pornography, obscenity, or excessive length. Publishchain
may at any time, without prior notice and in its sole discretion, remove such
content and/or terminate a user’s account for submitting such material in
violation of these Terms of Service.
Copyright
Policy
Publishchain operates a clear copyright policy in relation
to any content alleged to infringe the copyright of a third party. Please send
an email to [email protected]
to report content that you believe violates or infringes your copyright.
As part of Publishchain’s copyright policy, Publishchain will
terminate user access to the website if a user has been determined to be a
repeat infringer. A repeat infringer is a user who has been notified of
infringing activity more than twice.
Warranty
Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PUBLISHCHAIN®, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PUBLISHCHAIN MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PUBLISHCHAIN
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY
HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PUBLISHCHAIN
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
Limitation
of Liability
IN NO EVENT SHALL PUBLISHCHAIN, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PUBLISHCHAIN SHALL NOT BE
LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Service is controlled and offered by Publishchain from
its facilities in the UK. Publishchain makes no representations that the
Service is appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
Indemnity
To the extent permitted by applicable law, you agree to
defend, indemnify and hold harmless Publishchain, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from: (i) your use of
and access to the Service; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
your Content caused damage to a third party. This defence and indemnification
obligation will survive these Terms of Service and your use of the Service.
Ability
to Accept Terms of Service
You affirm that you are either more than 18 years of age, or
possess legal parental or guardian consent, and are fully able and competent to
enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by and comply
with these Terms of Service.
Assignment
These Terms of Service, and any rights and licences granted
hereunder, may not be transferred or assigned by you, but may be assigned by Publishchain
without restriction.
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