Date of last revision: May 14, 2012Acceptance of Terms
Use of the Service
Content and License
Third Party Content
Campaigns: Fund-Raising and Commerce
Supporting a Campaign
Campaigns: Additional Terms for Rights Holders
Modification of Terms
Limitation of Liability
Integration and Severability
Electronic Delivery/Notice Policy and Your Consent
Acceptance of Terms
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.”
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 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.
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. 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:
- violate anyone’s right of privacy;
- act in any way that might give rise to civil or criminal liability;
- 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;
- harass, threaten, bully or otherwise cause any other person to fear for their safety.
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.
Content and License
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 acknowledge that you may be identified publicly by your Username in association with any such User Content;
- 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;
- 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;
- 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
- you 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.
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 resulting therefrom.
Third Party 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.
Campaigns: Fund-Raising and Commerce
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.
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.
Supporting a Campaign
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.
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 Campaign’s 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.
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 pledge’s time limit, that pledge will remain active.
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.
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.
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.
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.
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 Supporter’s participation in an Unglue.it Campaign based on insufficient Fulfillment or otherwise.
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.
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.
Campaigns: Additional Terms for Rights Holders
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.
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.
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 https://unglue.it/rightsholders/.
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.
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.
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.
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.
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.
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.
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.
The Standard Ebook File as referenced in the Platform Service Agreement shall meet the following set of criteria:
- 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.
- The file shall be compliant where ever reasonable with the QED inspection checklist specified at http://www.publishinginnovationawards.com/featured/qed
- The file should have no more than 0.2 typographical or scanning errors per page of English text.
- The file shall contain front matter which includes the following:
- a list of ISBNs of other editions of the work
- the Creative Commons license selected for the campaign, formatted in accordance with best practices at http://wiki.creativecommons.org/Marking/Creators, 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.
- an acknowledgement of supporters of the work, formatted in accordance with the premium descriptions on the Campaign page.
- The Unglue.it logo
- the text “CC edition release enabled by Unglue.it users” (including the hyperlink to the site)
- The Rights Holder must offer the schedule of Standard Premiums as described at at ( https://unglue.it/rightsholders/) in effect at the time of launching an Unglue.it Campaign.
- The cover graphic shall match any description given in the Campaign.
- Any graphics which must be excluded from the released ebook shall be specified in the description given in the campaign.
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.
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.
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.
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.
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.
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.
No later than seven (7) days from the receipt by the Company of the Rights Holder’s 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:
- any transaction fees deducted or otherwise charged to the Company by the Payment Processor;
- any transaction fees deducted or other charges imposed by the Rights Holder’s respective banks, credit card companies or other financial institutions in connection with the Contributions;
- the Company’s Sales Commission as set at the start of the Campaign
- reimbursement of the Company’s actual costs for production of a Standard Ebook File for the Subject Work, in the event that no confirmation of Fulfillment is timely delivered to the Company;
- any Conversion Costs payable to any Designated Vendor.
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.
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.
The Company may suspend or terminate the account of any Rights Holder at any time in the event that the Company determines, in its sole discretion, that (i) the Rights Holder’s use of the Service is in violation of this Agreement; (ii) the Rights Holder is in breach of any of its representations, warrantees or obligations under this Agreement or the Platform Services Agreement; (iii) the Company receives a complaint from a third party alleging that the Rights Holder’s use of the Service does or will result in copyright infringement or breach of contract.
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.
Modification of Terms
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 posting of a notice on the Website, amending the terms of this Agreement as set forth on the Website, or sending you an email informing you of the change will constitute sufficient notice of such modification.
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.
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.
Limitation of Liability
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.
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 you hereby consent to such jurisdiction.
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 Contributions paid to you.
The Service is controlled and operated from its facilities in the United States. Unglue.it 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 risk and are solely responsible for compliance with local law.
Integration and Severability
This Agreement, together with any other legal notices and agreements published by Unglue.it via the Service, and where applicable a Platform Services Agreement, constitute the entire agreement between you and Unglue.it 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.
Unglue.it 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 Unglue.it Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on Unglue.it, sufficient for us to locate the material;
- your address, telephone number, and email address;
- 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
- 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.
The Unglue.it DMCA Agent can be reached as follows:Name: Eric Hellman
Unglue.it DMCA Agent
41 Watchung Plaza, #132
Montclair, NJ 07042
Electronic Delivery/Notice Policy and Your Consent
Unglue.it 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 the website. By using the Service, you consent to receive such communications.