The terms and use set forth in this document apply to all visitors ("Users" or "you") to Webpublished's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and Webpublished (Uplaton, Inc., and Webpublished.com - collectively, "Webpublished").
Webpublished.com is a digital self-publishing application software-as-a-service provider (SaaS) to facilitate the exchange of information and knowledge in the world. We provide a service to enable registered members to publish, promote and other people to purchase, digital content in on-line. Digital content ("Content" or 'DBook' may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials.
When you post Content on Webpublished's website, you keep your copyright, but you grant that Webpublished will provide a service to post, display, copy, share, and sell that Content within the limitations you set during the online publishing process.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you publish, you authorize Webpublished to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
• Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Webpublished for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;
• Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
• Does not invade any individual's right of privacy or publicity;
• Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
• Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
• Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or Webpublished's rule or policy;
• To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Webpublished cannot guarantee the accuracy, integrity or quality of Content.
• Webpublished reserves the right to refuse to permit your publication on the Site of any Content that Webpublished, in its sole discretion, deems in violation of the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
You are responsible for correct uploading. Webpublished provides you detailed guidelines to prepare your uploaded material. Webpublished shall not be held liable for errors and omissions in the DBook editions. You always have a chance of previewing the publication before activating it, and the service fee will not be refunded in connection with incorrect uploads. In case of errors in Webpublished Digital Publishing system, e.g. in connection with the MS Office Word, Power Point, Excel and PDF conversion, the service fee is not refunded, but you will receive free credits on your account for creating a new DBook edition.
Buying an account at Webpublished allows you to use the Webpublished solution for creating digital publications by uploading MS Office files, image files (JPG, GIF and BMP type), video streaming files (ASF, WMV and Flash) and Adobe PDF files. It allows you also to use these hosted digital publications on your own website. An account allows you to upload, edit and preview a number of publications based on your harddisk space available. The definition of producing a publication is uploading it, converting it, and publishing it as a preview DBook edition. When its activated to publish and release publicly as published DBook edition it can be seen from outside your account and is available on the internet. An activation is counted as one production and cannot be changed. If you change the source data, it will be counted a new production by Webpublished's sytem. When you activated to publish it, Webpublished will present you the service invoice based on the pages you've published.
Webpublished accounts include hosting but bandwith/traffic usage may be limited by the account defend on the excessive amounts of traffic occur. Webpublished has a right to cancel this account. Before we cancel this account, we will notify in advance to relocate your DBook to your preferable place.
Webpublished reserves the right to modify or add additional fees and billing terms, upon prior notice to the members on our website. Webpublished may change the Services it offers at any time.
Webpublished agrees to terminate your account at any time upon notice from you, at firstname.lastname@example.org. Webpublihsed may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at Webpublished's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, Webpublished in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Webpublished deems appropriate to enforce its rights and pursue all available remedies.
Upon your termination of your account, you will not receive a refund for any monthly fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to Webpublished on your account, you will be liable for all attorneys' and collection agency
When you visit Webpublished.com, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, icons, ../../images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Webpublished, or its members who upload photographs or other media, or its content and software suppliers and is protected by United States and international copyright laws. Webpublished's selection, coordination and arrangement of all content on this site is the exclusive property of Webpublished and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services provided is the property of Webpublished or its software suppliers and is protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Webpublished grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of Webpublished. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Webpublished. Any unauthorized use terminates the permission or license granted by Webpublished.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Webpublished pages so long as the links do not portray Webpublished or its suppliers or their products or services in a false or misleading manner.
If you subscribe to Webpublished Digital Publishing service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify Webpublished of any unauthorized use of your account or any other breach of security known to you. Webpublished uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by Webpublished website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Use of the Services by you is subject to all applicable local, state, national and international laws and regulations. You may post reviews, comments, suggestions, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Webpublished reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.
LICENSE GRANTED BY USERS
Webpublished does not claim ownership in the photographs, videos or other media created or uploaded by Members ("Media"). Webpublished will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to Webpublished site, you grant Webpublished a nonexclusive, royalty-free right to publish, distribute, and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.
Webpublished respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Webpublished for notice of claims of copyright or other intellectual property infringement at
email@example.com or 1207 W. Imperial Hwy, Suite 100, Brea, CA 92821
Please provide us with the following Notice:
(1) Identify the copyrighted work or other intellectual property that you claim has been infringed;
(2) Identify the material on Webpublished site that you claim is infringing, with enough detail so that we may locate it on the website;
(3) 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;
(4) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
(5) Your address, telephone number, and email address; and
(6) Your physical or electronic signature.
Webpublished will forward this information to the alleged infringer.
Webpublished must remain a safe site for families with children, so we prohibit the uploading and display of photographs or other media portraying explicit nudity that would be unacceptable in a public museum where minors visit, for example. If your photos would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for Webpublished. Judgment of suitable media is the sole discretion of Webpublished, and Webpublished reserves the right to delete any photographs or other media it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or other media violating this policy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WEBPUBLISHED OR ITS PROPRIETORS, OPERATORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEB SITE OR ANY ASSOCIATED SOFTWARE, SERVICE, AND/OR ANY ../../images, GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR INJURY TO FILES, DATA, EQUIPMENT OR OTHER PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT WEBPPUBLISHED IS HAVING TECHNICAL PROBLEMS AND YOUR WESITE IS DOWN, WE WILL NOT BE LIABLE FOR THE INABILIYT TO USE YOUR WEBSITE OR THE LOSS OF YOUR PERSONAL INFORMATION.
THIS SITE IS PROVIDED BY WEBPUBLISHED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBPUBLISHED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBPUBLISHED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBPUBLISHED DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WEBPUBLISHED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WEBPUBLISHED BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF WEBPUBLISHED WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF WEBPUBLISHED WEBSITE OR THE SERVICES, FROM INABILITY TO USE WEBPUBLISHED WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF WEBPUBLISHED WEBSITE OR THE SERVICES, OR VIEWING THE DBOOKS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WEBPUBLISHED CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF DBOOK EDITIONS ON ITS SITE, OR THE COPYING OF DBOOKS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $400 PER ORDER, OR THE RETAIL COST OF THE ORDER, WHICHEVER IS LESS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Webpublished, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms & Conditions or violation of any representations or warranties contained in these Terms. You also agree to hold Webpublished harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide to or post on Webpublished.
By visiting Webpublished.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Webpublished.
MERGER OR ACQUISITION
It is possible that as we continue to develop our website and our business, Webpublished Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that Webpublished may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
Any dispute relating in any way to your visit to Webpublished.com or to products you purchase through Webpublished.com shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate Webpublished intellectual property rights, Webpublished may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
SITE POLICIES, MODIFICATION, AND SEVERABILITY