Ourboox Terms of Service

Ourboox, Ltd. (“we”, “us” or “Ourboox”) creates a community in which its users can upload, read and share e-books and find other writers, editors and/or illustrators with whom they can collaborate. These Terms of Service (these “Terms”) constitute a legal agreement between Ourboox and yourself (“you”, “User”). By accessing or using the Ourboox Internet site (“Site”) and any service provided by us (“Service”) you agree that you have read, understood, accept and agree to be bound by these Terms, as well as our Privacy Policy, which is available at http://www.ourboox.com/privacy. If you do not agree to these Terms or the Privacy Policy, do not access or use the Site or any Services provided through the Site.

We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Site or the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.

You agree that we may modify any part of the Site or Service, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. In addition, we may begin or cease to charge for your use or access of any part of the Site or Service, or increase or decrease any amounts we charge for the use or access of the Site or Services, at any time in our sole discretion.

Use of the Site and Services

Subject to your agreement and compliance with these Terms, we grant you the non-exclusive and non-transferable, revocable and limited right to access and use the Site and Services for your own purposes. You may not use the Site or the Services as a service bureau or to assist third parties in finding or locating writers, illustrators or other professionals. You must be 18 years of age or older or have the permission of your parent or guardian to use the Site or the Services. In the event such use is made by minors in connection with school assignments, you can also have the permission of your school teacher and use the Site or the Services under his/her supervision.  You may not use the Site or the Services if your access to or use thereof violates any applicable law or regulation.

Accounts

During the process of requesting an account to access the Service (“Account”), you will be asked to provide your real full name and password. You agree that you will supply accurate and complete information to us in the creation of your Account and the use of the Site and Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.

You are solely responsible for all uses of your Account and your login information, whether by you or any third party. In the event you become aware of or reasonably suspect any breach of security of your Account or any unauthorized use or disclosure of your login information, you must notify us immediately.

Termination of Account

You agree that we may for any reason, in our sole discretion and without notice, terminate your Account, and remove any User Content (as defined below) associated with your Account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other Users, third parties, the community ethos of our Site, or our business interests or (v) in the reasonable opinion of Ourboox, the negotiation with any User in bad faith. In the event that we terminate your Account, you may not register for the Site or the Services again without our express permission. If you believe that any action has been taken against your Account in error, please contact us at [email protected].

If we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site or through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or User Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your Account at any time and for any reason by sending an email to [email protected].

Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Community, Collaborating and Sharing

By becoming a part of our community, Users may upload and share their work on our Site. Ourboox is not responsible for the writing, editing, illustrations or otherwise of any of the Users of the Site or Services and cannot and does not guarantee that they will meet any other User’s standards or tastes. Ourboox is not responsible that any User will provide the agreed product and/or services. Users must examine and assess the work of any other writers, editors and/or illustrators prior to concluding an agreement with such Users. Users must agree between themselves as to the terms of their Collaboration, including terms regarding their user of the Site and Services and regarding commercialization of the final product. Ourboox is not a party to any agreement between the Users, including, without limitation, with respect to the division of rights that each User has in the Collaboration, with respect to the rights of uploading or removing the Collaboration from the Site or Services or with respect to any future commercialization of the final product of their Collaboration.

Intellectual Property

Ourboox and its licensors own the Site and Services, including any material or content made available through the Site and Services, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Site or Services (including any User Content, as defined below). You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.

Users may upload images or texts to the Site in order to share their work and write descriptions of who they are and what they do or as part of a Collaboration with another User. By uploading any image or other work (“User Content”) to the Site or providing any User Content to Ourboox, the User represents and warrants that such image, text or other work is the original work of such User, that it does not infringe the intellectual property, privacy or moral rights of any third party (including, without limitation, of the party with whom the User Collaborated in creating the User Content), that the User was giving permission by the other party to the Collaboration to upload the User Content, that the User Content does not contain any defamatory, libelous, obscene or other harmful or offensive content, and that it does not violate any applicable law or regulation. By uploading any User Content to the Site or otherwise providing any User Content to Ourboox, the User hereby grants and assigns to Ourboox all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights (collectively “Moral Rights”). To the extent such Moral Rights cannot be assigned under applicable law and to the extent the following is allowed by the laws in the various countries where Moral Rights exist, the User hereby waives such Moral Rights. Furthermore, by uploading any User Content to the Site or otherwise providing any User Content to Ourboox, whether in published or draft form, the User hereby grants Ourboox and its affiliates a worldwide, non-exclusive, royalty-free license to publish, perform, display and distribute such User Content in any form (a) as part of the Site and the Services, or (b) in order to promote and market Ourboox, the Site, the User Content and the Services. Ourboox will not modify or create derivative works of such uploaded image or work, except for uses in connection with the Site and Services (and on successive iterations of the same), or to make minor corrections such as spelling mistakes, adding covers or layout improvement.

By uploading any User Content to the Site or otherwise providing any User Content to Ourboox, you also allow others to share and link to such User Content through social media (such as Facebook, Google+, Twitter, Pinterest, Instagram etc.), by embedding, or otherwise according to the functionality provided by Ourboox and such social media platform.

By uploading any User Content to the Site or otherwise providing any User Content to Ourboox, you also allow Search engines to catalogue, categorize and display samples of your User Content. Users may contact you by means of the details in your public profile and may propose a Cooperation.

Any downloading of User Content, if at all, shall only be in accordance with terms and conditions that we may at our discretion provide in the future.

A User who requests to remove User Content that s/he submitted to the Site must obtain consent from the other parties to the Collaboration for the same. By making such a request the User represents and warrants that s/he has obtained all such necessary consents. Our license to your User Content ends when you request that we delete your User Content or terminate your account, except in the case of User Content that you have made public and/or shared with others or in the case of User Content that other Users have shared with others. When you request that we delete your User Content, we will take commercially reasonable measures to delete it in a reasonable timeframe. However, removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We reserve the rights to remove, suspend access to or permanently delete any User Content, without notice, including without limitation any User Content that in our reasonable view violates the warranties set forth above or the community ethos of the Site and Services. Such decisions shall be made in our sole discretion and you shall have no claim in respect of any such decisions by us.

You are not required to provide us with any feedback or suggestions regarding the Site or Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of the Site or Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.

 

Infringement

We do not endorse any User Content, and we expressly disclaim any and all liability in connection with User Content submitted by any User or other third party. We do not permit or condone copyright infringement or infringement of intellectual property rights on or through the Site and Services.  We will remove all infringing User Content if properly notified of these infringements, and may do so at our sole discretion, without prior notice to Users at any time. Generally, it is our policy to terminate the accounts of repeat infringers.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site and Services or made available through the Site or Services infringes their rights under United States copyright law. If you believe that something appearing on the Site or Services or made available through the Site or Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us at [email protected].

 

Rules of Use

You may not, nor may you assist other parties to (a) copy, modify, or create derivative works of the Site or Services, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Site or Services, or (c) attempt to disable or circumvent any security mechanism of the Site or Services.

You agree that you will not: (a) solicit another person’s password or other personal information under false pretenses; (b) impersonate another User or otherwise misrepresent yourself in any manner (including creating multiple Accounts or personas) whether to another User, to us, or otherwise; (c) violate the legal rights of others, including defaming, abuse, stalking or threatening Users; (d) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (e) post or transmit any User Content that is  (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) violate any applicable law, rule or regulation, (g) publish falsehoods or misrepresentations; (g) posts or transmit any material that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Site and Services; (h) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (i) circumvent, disable, or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any User Content; or (j) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Site or Services. In addition, you may not use the Site or the Services to advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages. If you agree to negotiate with any User, you agree to negotiate in good faith and to make reasonable efforts to communicate with such other party in a reasonable and timely manner.

No Warranties; Disclaimer

Ourboox only provides a platform upon which Users can post their work or collaborative projects. It is the responsibility of the Users to mutually agree on appropriate terms for any commercial or creative arrangement between them. Any such arrangements or agreements are between the Users and Ourboox is not a party to such arrangements or agreements and takes no responsibility in respect of them. Ourboox cannot and does not accept any responsibility for the specific terms agreed between any Users, including, without limitation, with regards to vetoing projects and/or dividing ownership thereof. Furthermore, Ourboox cannot and does not take any responsibility for the actions of any User. For example, Ourboox does not take any responsibility for the failure of any User to timely perform any services it agreed to perform for any other User, for the failure of any User to timely make any payments or transfer any other consideration it agreed to provide to any User, or for the failure of any User to negotiate with you in good faith. Furthermore, Ourboox makes no representations or warranties regarding the work created or provided by any User, including any representations or warranties in respect of the quality or suitability of any work created or provided by such User or whether the work of such User infringes the rights of any third party. Ourboox shall have no liability in respect of any work provided by any User, even if you are not satisfied with such work.

Your use of any aspect of the Site and Services is at your own risk.  The Site and Services allows you to contact and communicate with third parties, but we make no representation or warranty that any third party will actually communicate with you in any way, that your payment or otherwise for the advice, services or other communication of any third party will provide you with any financial or other benefit or otherwise prove useful to you in any way. Any actions that you take based on any advice or other communications you have received through the Site and Services are taken at your sole risk, and we will not accept any liability in respect thereof.

We make no representations or warranties whatsoever in respect of the Site and Services or any content. We cannot accept any liability whatsoever in respect of any content which is provided by third parties. except as expressly stated in these Terms, to the maximum extent permitted by applicable law, everything available on or through the Site and Services is provided to you “AS-IS” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Site, the Services or any content or material received by you from any User or from the Site or the Services.

 

Limitation of Liability 

To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Site and Services  or Content.  In any case, our entire liability under any provision of these Terms shall not exceed amounts paid by you directly to us for the use of the Site and Services hereunder. As such, if you have not made any payments to us in order to use the Site and the Services, we shall not have any liability to use whatsoever.

 

Indemnification

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer,  password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and Services, including any Claims resulting from your posting or sending of any User Content;  (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right by any User Content you post, or submit; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site and Services shall be in compliance with all applicable laws, regulations and guidelines.

 

Miscellaneous

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Site and Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing.