A. Your Acceptance
This website is operated by Paradise Publishing, Inc. (the “Company”). By using and/or visiting this website (“Website”), you signify your agreement to these terms and conditions (the “Terms of Service” or “TOS”). If you do not agree to any of these terms, then please do not use the Website.
C. Electronic Communications
When you visit the Website 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 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.
D. The Website
E. Website Access
1. The Company hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without the Company's prior written authorization; (iii) you will not alter, download (except page caching) or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or the Website or its affiliates without the Company’s express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company’s or its affiliates' names or trademarks without the Company’s express written consent. Any unauthorized use terminates the permission or license granted herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark belonging to Company or its affiliates as part of the link without Company’s express written permission.
2. In order to access some features of the Website, you will have to create an account. You may never use another person’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 the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Company’s 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, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company 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 Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
4. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this Website to: (a) transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us; (b) introduce to the Website or any other computer or website viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Website or any component of this Website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
5. If we determine, in our sole discretion, that you or your Submission(s) (as defined below), Content (as defined below) or Manuscript violate this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further Submissions, Content or Manuscripts, (b) remove and delete your Submission(s), Content or Manuscript(s), (c) revoke your registration and right to use the Website and/or (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
F. Your Communication on our Website
1. Our Website enables you or may in the future enable you to post messages, reviews and other content on the Website and to submit comments, ideas and questions (“Submission(s)”). Submissions do not include Manuscripts, which are discussed below. Please be aware that any Submissions you communicate to the Company through the Website or otherwise will be treated as non-confidential and non-proprietary. All rights, title and interest in such Submissions shall be the exclusive property of the Company with no compensation to you, and we may use such Submission(s) in any way, without limitation and without compensation to you. To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any Submission(s) in any media now known or hereafter developed for the Company’s business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Service for any reason.
3. You agree not to use the Website to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of any company; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and/or (vii) similar information.
4. You are solely responsible and liable for your communications and Submission(s) (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any.
G. Intellectual Property Rights
1. The content on the Website, including without limitation, the Manuscripts, Submissions, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions, and you acquire no ownership, proprietary or other rights, title or interest in or to the Website. Except as otherwise provided for herein, Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website, Submission(s) and/or the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Website, Manuscripts, Submission(s) and/or Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Submission(s) or the Content therein.
2. The Company does not permit the infringement of intellectual property rights on its Website, and the Company will remove all Submission(s), Content and Manuscripts if properly notified that such Submission(s), Content and/or Manuscript infringes on another's intellectual property rights. The Company reserves the right to remove Submissions, Content and/or Manuscripts without prior notice. The Company will also terminate a user's access to its Website if they are determined, in the company’s sole discretion, to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Submission, Manuscript or Content removed from the Website more than once. The Company also reserves the right, in its sole discretion, to decide whether a Submission, Content and/or Manuscript is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or inappropriate length. The Company may remove such Submission(s), Manuscript and/or Content and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion, and shall have no obligation or liability to you for failure to do so or for doing so in any particular manner.
2. When you submit a Manuscript you may also be asked to provide some information about you and your Manuscript. This may include, without limitation, such things as a descriptive title, some information about the Manuscript, length, your location and/or similar information. By submitting a Manuscript, you are also agreeing and you understand that the term "Manuscript" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your Manuscript. Always keep a copy of anything you send because the Company shall not be responsible for lost, damaged, misdirected, unusable or unreadable Manuscripts. Proof that you submitted a Manuscript does not constitute proof that the Company received anything.
3. By submitting a Manuscript, you hereby grant the Company and its affiliates and sublicensees a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable right, authorization and permission to (and the right to grant others the right to), in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, broadcast, reformat, translate, publicly and digitally perform the Manuscript in any media formats and through any media channels and otherwise exploit all or any portion of your Manuscript for any purpose whatsoever. For clarity, you retain all of your ownership rights in your Manuscript. You further grant the Company and its affiliates and sublicensees the non-exclusive, worldwide, perpetual and royalty free right to use your name, likeness, image and the Manuscript title in connection with the advertisement, promotion, distribution and sale of the Manuscript and in connection with the advertisement and promotion of the Company and its affiliates and sublicensees and the Website. As discussed below, the Company may invest its own resources to promote your Manuscript. The Company cannot effectively do so without the rights which are granted to the Company in this paragraph.
4. The rights, licenses and privileges described herein and granted to the Company shall commence immediately upon submission of your Manuscript and continue thereafter perpetually and indefinitely, regardless of whether you remain a registered user or not, unless and until terminated, in whole or in part, by the Company on notice to you. Notwithstanding the foregoing, you acknowledge and agree that the Company has no obligation to host, index, display, accept or use any Manuscript (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and the Company may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any Manuscript. Once you submit or attempt to submit a Manuscript you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to the Company. The Company is not obligated to offer you any compensation or other consideration for your Manuscript or any use made of your Manuscript once submitted.
5. The Company may invest considerable resources to promote the Website and/or, in the Company’s sole discretion, your Manuscript. In the event that, as a result of the Company’s efforts, your Manuscript or any part thereof is purchased, licensed or optioned by a third party for any purpose whatsoever, the Company shall be entitled to a royalty of three percent (3%) of any amounts you receive from the exploitation of your Manuscript and any derivative works. Such royalty shall be payable only where the compensation you receive from the exploitation of your Manuscript and any derivative works exceeds one million dollars ($1,000,000). By way of example only, (1) if a movie studio options your Manuscript for $1,000,000, the Company would be entitled to a royalty payment of $30,000; or (2) if a movie studio options your Manuscript for $500,000 and you then receive $500,000 in revenue from the sale of merchandise related to the film based on your manuscript, the Company would be entitled to a royalty payment of $30,000.
6. The Company will remove any Manuscript which has been posted on the website upon receipt of a written request from the party who posted the Manuscript. In the event that a Manuscript is taken down, the provisions of Paragraph H (5) shall apply for three (3) years from the date on which the manuscript is taken down.
7. You shall be solely responsible for any Manuscript you submit and the consequences of its posting or publishing. In connection with any Manuscript you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any Manuscripts you submit to enable inclusion and use of the Manuscripts in the manner contemplated by the Website and these Terms of Service; and (ii) the Manuscript will not constitute unfair competition, defamation, libel, or breach of contract. Upon the Company’s request, you will furnish the Company any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this TOS.
8. In connection with any Manuscript you submit, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including publishing rights, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. The Company does not endorse any Manuscript or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Manuscripts submitted.
9. You represent and warrant that the submission of your Manuscript is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that the Company is not a signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that the Company shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the Manuscript(s).
10. If you are a copyright owner or an agent thereof and believe that any Manuscript or other Content infringes upon your copyrights, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
11. Upon downloading a Manuscript, you shall be granted a limited, non-exclusive license to download, and/or copy said Manuscript to any memory device, including but not limited to hard drives, thumb drives, etc, for your personal computers, book reader or mobile devices, and you may not modify, adapt, translate, rent, lease, loan, sublicense, assign, resell or otherwise distribute the Manuscript in any way.
12. You understand that when using the Website, you will be exposed to Manuscripts from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Manuscripts. You further understand and acknowledge that you may be exposed to Manuscripts that are 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 the Company with respect thereto, and agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
13. You acknowledge that other persons may have submitted Manuscripts to the Company, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Manuscripts or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of a Manuscript, or any posting or display thereof, is not any admission by the Company of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Content you or anyone else submits, that is purely coincidental and unavoidable.
14. The Company reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Website and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your Manuscript may be displayed on or otherwise used by or in connection with the Website. You also understand and agree that neither all or any portion of your Manuscript, nor any commercial, advertisement, promotional, marketing or other material associated with your Manuscript or the webpage therefor, need to be submitted to you for approval prior to use.
15. You hereby release the Company from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your Manuscript, including, without limitation, any and all liability for any use or nonuse of your Manuscript, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
I. Advertising Revenue
1. One of the goals of the Website is to help authors profit from their Manuscripts. To accomplish this, we offer authors the ability to share in advertising. Manuscripts posted on the website will be accompanied by advertisements and authors will have the opportunity to replace certain ads either with their own ads or with Google Adsense ads. Three ad spaces, each on a different webpage (one on the “Detail” page, one on the “HTML” page and one on the “PDF” page), will be allocated to you per posted Manuscript. If you upload your own ad or a third party’s ad, the Company will not pay you any of the revenue generated by the ad, although you will receive the benefit of users clicking through to the advertised website (if you upload a third party’s ad the third party may make payments to you, depending on your agreement with the third party). Guidelines for ads are available here. INSERT LINK TO GUIDELINES GIVING DIMENSIONS, FORMAT, ETC. Alternatively, you may provide the Company with your Google AdSense ID and Google AdSense ads will appear in the three ad spaces; you shall be entitled to keep all revenues generated by the Googel AdSense ads (but not from all ad spaces accompanying the Manuscript), which will be paid to you by Google and not by the Company. If you choose not to place your own ads or Google AdSense ads, the Company will place advertisements and shall keep all revenues from such advertisements. After registering for the Website, you may change your advertising settings at any time by going to the ‘Earn Money’ tab of the Wizard.
2. In order to post advertisements from Google AdSense, you must have a Google AdSense account and you must provide the company with your Google AdSense account information on the ‘Earn Money’ tab of the Wizard. You are solely responsible for verifying that you have entered your account information correctly. Impression sharing is available only for attributable impressions – that is, impressions that occur directly on web pages featuring your Manuscripts. These impression-sharing services are provided subject generally to these Terms of Service, and in particular the terms in this section. There may also be additional terms imposed by Google. Your participation in Google’s AdSense service is voluntary and you are under no obligation to use it. Your participation in the Company’s revenue-sharing program constitutes your agreement to uphold and be subject to these additional terms and conditions, as well as those that may be imposed by Google. By registering with Google and inputting that information into the Website, you hereby appoint the Company as your exclusive agent to handle all such third party ad-sharing transactions as well as to input your ID into the pages you create. Google will hold any revenues generated from the use of the AdSense services on your Manuscripts. Google will track all earnings and deliver all payments to you in accordance with your agreement with Google.
3. If you choose to use your own advertisements, you can do so as long as they fit the dimensions of the ad spaces and do not contain materials that infringe the intellectual property rights of another copyright and are not pornographic, obscene, defamatory or otherwise in violation of these Terms of Service. The Company may remove such ads and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion, and shall have no obligation or liability to you if it does so.
4. It is your sole responsibility to declare income to the relevant tax authorities. The Company reserves the right to provide information to such tax authorities if requested to do so.
5. The Company makes no promise or representation that you will make a certain amount of money, or any money, as a result of using our Website.
6. The Company reserves the right to withhold the ability to place advertisements with a Manuscript to any user at any time if the user is found to have used the Website in a way prohibited by these Terms of Service (such as by uploading a Manuscript to which they do not have the rights) or if the user has engaged, as determined by the Company, in fraudulent or inappropriate activity. Violation of these Terms of Service automatically bars a user from placing advertisements with a Manuscript.
7. In the event of any downtime of the site, or a glitch that prevents ads from displaying anywhere on the Website, the Company is not responsible for compensating you for perceived loss of income. We will endeavor to quickly correct any glitches and to keep downtime to a minimum, but cannot guarantee that there will be no glitches or downtime.
8. By using the Website, you acknowledge and agree that the Company will not be responsible for and will not be obligated in any manner to repay you for any lost earnings or income.
You agree that the Company, in its sole discretion and without prior notice, may terminate, suspend or limit your access to or use of the Website at any time and for any reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) a breach or a violation of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Website or any services offered by the Company (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website or any services offered by the Company. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website and any services offered by the Company may be effected without prior notice, and that the Website may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither the Website nor the Company will be liable to you or any third party for any termination of your access to the Website or to any such information or files, or will be required to make such information or files available to you after any such termination.
K. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY 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 WEBSITE, THE CONTENT AND THE MANUSCRIPT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S 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 THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY 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.
L. Limitation of Liability
IN NO EVENT SHALLTHE COMPANY, ITS AFFILIATES AND SUBLICENSEES, AND THEIR 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 THE WEBSITE CONTENT OR MANUSCRIPT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S 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 THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 WEBSITE, 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 LIMITAION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY, ITS AFFILIATES AND SUBLICENSEES SHALL NOT BE LIABLE FOR THE MANUSCRIPT 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 Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
You agree to defend, indemnify and hold harmless the Company, its affiliates, sublicensees and their 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 Website, the Content and any Manuscript; (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 any Manuscript submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
N. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, 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. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below.
- 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 upon;
- A specific description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Paradise Publishers Inc.
112 North Curry Street
Carson City, Nevada, 89703-4934 USA
In the event a Submission(s), Content and/or Manuscript(s) violates any provisions of this TOS, the company may immediately pull your Submission(s), Content and/or Manuscript(s) from the Website.
1. You agree that: (i) the Website shall be deemed solely based in Nevada; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Nevada. These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Carson City, Nevada or the United States District Court of Nevada. These Terms of Service, together with the Privacy Notice and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
2. Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: https://www.stayafe.org.
3. The Company may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Company Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Company Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Company Services in an authorized manner.
4. If you have a question or complaint regarding the Website, or if you would like to report a violation of these TOS, please send an e-mail to email@example.com. You may also contact us by writing to:
Paradise Publishers Inc.
112 North Curry Street
Carson City, Nevada 89703-4934
5. Although this Website is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Website and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
7. You agree that your Website account is non-transferable and any rights to your ID, login, password or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
8. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
9. The section titles in the TOS are for convenience only and have no legal or contractual effect.
10. The Company has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future.
11. You hereby release the Company from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your Submission(s), Content or Manuscript(s), including, without limitation, any and all liability for any use or nonuse of your Submission(s), Content or Manuscript(s), claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
R. Terms and Conditions Changes