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Terms

TERMS OF USE

BY ACCESSING OR USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE, INCLUDING THE LITBROWSER PRIVACY POLICY AVAILABLE AT www.litbrowser.com/privacy. SO PLEASE READ CAREFULLY!

Terms

Welcome to LitBrowser, provided by LitBrowser Inc. (“LitBrowser” or “us”, “our” or “we”), a non-profit Canadian corporation. In order to use our website or our services, you must agree to our Terms of Use.

These Terms of Use set out the legally binding terms and conditions for your use of our services (“Services” or “Service”), including, without limitation, visiting or browsing the website at www.litbrowser.com (the “Website”), becoming a member whether as a Reader or an Author or both, posting a book for sale, purchasing a book or contributing content to the Website, such as Author profile content, book excerpt content or comments in the LitRoom.

These Terms of Use may be modified from time to time in which case we will post the modified Terms of Use on this page and indicate at the top of the page the date on which the Terms of Use were last modified. It is your responsibility to check the Terms of Use periodically for changes. You can review the most current version of the Terms of Use at any time at www.litbrowser.com/terms . Your continued use of the Services and access to the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

These Terms of Use were last updated on 2015-02-04.

Nature of the Services

The purpose of the Website and the Services provided through the Website (“Purpose”) is to be a literary hub, connecting independent or self-published authors (“Authors”) to a readership by providing a free showcase and sales venue for original manuscripts and books, give readers (“Readers”) access to original writing and allow them to provide firsthand feedback to authors which can inform the books. As a non-profit organization, LitBrowser allows Authors to set their own prices and to keep 96% of the proceeds of each sale. LitBrowser generally does not prescreen or edit works posted on the Website and, subject to Author’s on-going compliance with these Terms of Use, does not reject any works posted on the Website. As such, LitBrowser makes no representations or warranties as to the fitness or quality of works posted in the Website.

Privacy

These Terms of Use incorporate by reference our Privacy Policy available at www.litbrowser.com/privacy that governs the collection and use of all personal information of visitors the Website, Authors and Readers (collectively, “Users”).

Availability of Services

The Services are only available to individuals of legal age to form a binding contract with LitBrowser and who otherwise have the authority to create a legally binding agreement.

Modification of Services

LitBrowser reserves the right to modify or discontinue the Services (or any part thereof) at any time with or without notice.

Ownership of Website and Content

The Website and the infrastructure used to provide it, and all content on the Website (“Content”) other than User Generated Content (defined below) is proprietary to LitBrowser and its partners. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, create derivative works from, transfer or sell any Content, information, software, products or services obtained from or through the Website except in accordance with the proper use of the Services as described in these Terms of Use.

User Generated Content

Users are able to post content to the Website (“User Generated Content”). Authors create User Generated Content by creating an Author profile with text and images and by posting excerpts and images from their works. Readers create User Generated Content by participating in discussions in the LitRoom and providing feedback directly to Authors.

LitBrowser does not pre-screen User Generated Content and, as such, does not guarantee the accuracy, integrity or quality of User Generated Content. All User Generated Content, including without limitation, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages that Users post or otherwise make available on the Website are the sole responsibility of the person from which such User Generated Content originated. You understand that by using the Service, you may be exposed to User Generated Content that is offensive, false or otherwise objectionable.

Users are able to report objectionable User Generated Content to LitBrowser which has the right (but not the obligation) in its sole discretion to refuse or remove any User Generated Content. Unless specifically indicated, all User Generated Content is public and not private.

License Grant

By posting User Generated Content on the Website, you grant LitBrowser a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the User Generated Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any User Generated Content submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation. You warrant that any moral rights in your User Generate Content have been waived. Notwithstanding the above, LitBrowser undertakes not to reproduce any User Generated Content posted by you on media other than the Website without seeking and obtaining your expressed written permission.

User Conduct

The Website is private property. All interactions on the Website must comply with these Terms of Use and must be otherwise lawful. To the extent that your conduct (as judged by us in our sole discretion) does not comply, including by restricting or inhibiting other Users’ enjoyment of the Website, we may limit your use of the Services, revoke membership and site access and seek other remedies.

You agree that you will only use the Services in accordance with the Purpose and will not use the Services to:

    1. upload, post, email, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, exploitative, subversive, hateful, racially, ethnically or otherwise objectionable or generally unlawful;

    2. exploit or otherwise harm minors;

    3. upload personal information, including photographs or contact information, of individuals who are under 13 years of age;

    4. falsely impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    5. upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    6. upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other party;

    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;

    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to corrupt, interrupt, modify, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    10. intentionally or unintentionally violate any applicable local, provincial, national or international law;

    11. collect or provide funds, directly or indirectly, in order to carry out crimes, contribute to or facilitate the activities of a criminal organization, or instruct anyone to carry out a criminal activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code of Canada or any such similar legislation in your local jurisdiction;

    12. "stalk" or otherwise harass another User;

    13. collect or store personal data about other Users without their express consent or in connection with the prohibited conduct and activities set forth above;

    14. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

    15. run Maillist, Listserv, or any form of auto-responder or "spam" on the Service;

    16. use manual or automated software, devices, or other processes to "crawl" or "spider" the Website;

    17. intentionally or unintentionally commit click fraud by using a person, automated script, or computer program to imitate legitimate use of a web browser; or

    18. access (or attempt to access) the Service by any means other than through the interface that is provided by LitBrowser, unless you have been specifically allowed to do so in a separate agreement with LitBrowser.

If, at its sole discretion, LitBrowser suspects that the Service has been used in any illegal manner, we reserve the right to report such use to the relevant authorities.

Authors

If you are an Author, your use of the Services is subject to the following additional terms and conditions.

  1. You represent and warrant that any work, or excerpt thereof, that you post or make available through the Website, is your original work and does not infringe on the rights of any third party, including, copyright, trademark, rights of publicity or contractual rights;

  2. You may not use the Website to mislead other Users, including, without limitation, by posting two or more extracts from the same work to create the impression that they originate from two or more different works;

Transactions

Purchases of works on the Website are processed through PayPal. Authors are responsible for setting up their own account on PayPal and complying with PayPal’s terms of service. The proceeds of each sale on the Website are distributed as follows: 96% to the Author, 3% to PayPal and 1% to LitBrowser to be put towards maintaining the Website and the Services.

LitBrowser makes no representations or warranties as to the fitness or quality of any works purchased by Readers on the Website. Books purchased on the Website are non-refundable, though LitBrowser may make exceptions if justified in its sole discretion.

Websites of Others

From time to time, the Website may contain links to websites maintained by other parties in addition to links to PayPal. Such links are provided solely out of technical necessity or as a convenience and not because we endorse or have an opinion about the contents of any such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites by other parties, you do so at your own risk.

Account, Password and Security

When you sign up or register on the Website as an Author or as a Reader, you will be prompted to provide information, including contact information and a password. This information will be used to set up your User account. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including User Generated Content posted from your account. You must immediately notify LitBrowser of any unauthorized use of your password or account or any other breach of security. You must also be truthful in all aspects of your registration and agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete:

Indemnification/Release

You agree to defend, indemnify and hold harmless LitBrowser and its directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to any use of the Services in violation of these Terms of Use.

You are solely responsible for your interactions with other Users of the Services. To the extent permitted under applicable laws, you hereby release LitBrowser from any and all claims or liability related to any works purchased through the Website and any conduct or speech, whether online or offline, of any other User.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

General Practices Regarding Use, Storage and Account Termination

You acknowledge that LitBrowser may establish general practices and limits concerning use of the Services. You agree that LitBrowser has no responsibility or liability for the deletion or failure to store any messages or other User Generated Content posted on or maintained or transmitted through the Website. You acknowledge that LitBrowser reserves the right to log off accounts that are inactive for a certain period of time as determined by LitBrowser and to remove and discard any User Generated Content with or without notice and for any reason, including, without limitation:

  1. lack of use;

  2. if we believe that you have violated or acted inconsistently with these Terms of Use or otherwise with the Purpose;

  3. requests by law enforcement or other government agencies;

  4. a request by you (self-initiated account deletions);

  5. discontinuance or material modification to the Service (or any part thereof);

  6. unexpected technical or security issues or problems;

  7. in compliance with legal process; or

  8. if you have or we believe you have engaged in illegal activities, including without limitation, fraud in connection with the Services.

Disclaimer of Representations and Warranties

You expressly understand and agree that:

  1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. LitBrowser expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.

  2. Without limiting the generality of the foregoing, LitBrowser makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services or information purchased or obtained by you through the Service will meet your expectations.

  3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that LitBrowser will not be responsible for any damage to your computer system or loss of data that results from the download of any such material.

  4. No advice or information, whether oral or written, obtained by you from LitBrowser or its employees or agents or through or from the Service shall create any warranty not expressly stated in these Terms of Use.

Limitation of Liability

You expressly understand and agree that LitBrowser shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible Losses (even if LitBrowser has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

Trademarks

LitBrowser, Lit Room, Lit Outlet Store and all other trademarks used by LitBrowser in association with the Services are trademarks belonging to LitBrowser (“the Marks”). You agree not to display or use in any manner any of the Marks unless you obtain LitBrowser’s prior written permission.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

While not responsible for any use of its Services to infringe intellectual property rights, LitBrowser respects the intellectual property of others, and we ask our Users and partners to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LitBrowser with the following information in writing:

  1. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. a description of where the material that you claim is infringing is located on the site;

  4. your address, telephone number, and email address;

  5. 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

  6. a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You can send claims of copyright or other intellectual property infringement to admin@litbrowser.com:

Cancellation

You can cancel your account at any time by notifying us in writing by sending an email to admin@litbrowser.com. To complete the cancellation of your account, you must receive an acknowledgement and confirmation of your request. An unacknowledged email or phone request to cancel your account is not considered cancellation.

Governing Law

These Terms of Use and the relationship between you and LitBrowser shall be governed by the laws of the province of Ontario and Canada without regard to conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

Waiver and Severability of Terms

The failure of LitBrowser to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the other provisions shall remain in full force and effect. A waiver of any provision of this Agreement shall only be valid if provided in writing and shall only be applicable to the specific incident and occurrence so waived.

No Right of Survivorship and Non-Transferability

You agree that your account is non-transferable and any rights in and to your account or User Generate Content posted from your account terminate upon your death, subject to copyright law.

Questions about the Terms of Use should be sent to admin@litbrowser.com