TERMS AND CONDITIONS FOR USE OF UniBook
Welcome to UniBook (the Site).
The use of the Site and information distributed in conjunction with the Site is subject to your acceptance of these terms and conditions of use (the Conditions). Your use of the Site or of any content presented in any and all areas of the Site indicates your acknowledgment of and agreement with these Conditions. If you do not agree to be bound by and comply with these Conditions, you may not access or use the Site.
1. COPYRIGHT IN THE SITE AND IN THE MATERIAL
You acknowledge that the design, layout, text and screen interfaces of the Site are protected by copyright, exclusively owned by UniBook or its licensors. You acknowledge that all the books and publications (the Material) advertised and/or sold on the Site are protected by copyright, exclusively owned by their respective authors or copyright holders.
2. USE OF THE SITE
UniBook grants you a limited and non-exclusive license to access and make use of this Site and the Material for personal non-commercial use only. If you become a member and upload content to the site, then you are entitled to receive payments for the sale of your materials according to the parameters you select during your uploading process, and according to UniBook’s regular and customary payment schedules. You may not download (other than page caching), reproduce (other than printing one copy) or modify this Site, the Material, or any portion of it, except with express written and prior consent of UniBook. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site, or any portion of it, for any commercial purpose without express written and prior consent of UniBook. Any unauthorized use automatically terminates any license granted to you by UniBook under this clause.
3. ONLINE PRIVACY
You acknowledge that UniBook may collect and store non-personally identifiable information about your visit whenever you interact with the Site. For example, UniBook may automatically collect your domain name; IP address; means of entry to the Site; the type of browser and operating system used to access the Site; the date, time and duration of each visit; and the pages you visit.
UniBook may also use "cookies" to enhance your experience. A cookie is a small file sent to your browser by the Site. Your Web browser places the "cookie" on your hard drive for record-keeping purposes and sometimes to track information about you. UniBook uses cookies to track site usage and to improve content and offerings. For example, UniBook may use cookies to enable use of shopping carts or forms on the Site. Depending on the browser you use, you may opt-out of the cookies delivered by the Site by changing the setting. Be aware that this will disable all cookies delivered to your browser, not just the ones that may be delivered by the Site and this may disable your use of certain functions of the Site.
When you register for certain UniBook services, UniBook will ask you to provide personal information and your permission to use this personal information to inform you of other products or services offered or to be offered by UniBook and its affiliates, and to send you relevant survey invitations related to UniBook products and services. We do not sell or rent your personal information to third parties. You have the right to oppose to the use of information which allows for your personal identification for direct marketing purposes. You have the ability to correct or change your personal information in our records, such as your address, contact and other personal information. Generally, you may change this information at any time and as often as necessary. If you need assistance or have any questions about correcting your personal information, you can contact www.UniBook.com 's customer service by e-mail at info@UniBook.com.
4. DISCLAIMER OF LIABILITY
To the maximum extent permitted by law, UniBook disclaims all liability to you arising out of your use of the Site. In particular, UniBook shall not be liable for any direct or indirect loss or damage to you, any loss of profits, loss of business, revenue, data, goodwill, or any consequential loss or damage. UniBook takes no responsibility for any Material advertised and/or sold on the Site (including, without limitation, any inaccurate, offending or harmful content, content potentially infringing copyrights of third parties, etc.), nor does UniBook have any obligation to or does it monitor the content of such Material. The authors who submit their Material remain solely responsible for their respective Material and the content thereof.
5. APPLICABLE LAW AND EXCLUSIVE JURISDICTION
You can access this Site from anywhere in the world. Regardless of how, and from where, you access the Site, you agree that these Conditions will be governed by and construed in accordance with the laws of Belgium, without regards to its conflict of laws provisions. Any claim, legal proceeding or litigation arising in connection with the Site will be brought solely in the Courts of Mechelen (Belgium) and you consent to the jurisdiction of such Courts.
6. MISCELLANEOUS
If any provision of these Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Conditions shall otherwise remain in full force and effect and remain enforceable between the parties. UniBook is a division of Peleman Industries NV, with registered office at Rijksweg 7, B- 2870 Puurs, Belgium.
The relationship between you and UniBook is one of independent contractors. These Conditions shall be construed as if jointly drafted by the parties.
AGREEMENT FOR CONTENT PROVIDERS
Please read this agreement for UniBook content providers (the Agreement) carefully before you register as a UniBook content provider. By clicking on the "I ACCEPT" button below or by signing this agreement, you agree to enter into this Agreement with UniBook and to be bound by all the terms and conditions set forth herein.
1. DEFINITIONS
Author as used herein shall mean: you. However, if you are entering into this Agreement on behalf of your employer or another entity, then "Author" means that employer or entity, which you, hereby, declare to have the legal right and authority to represent for the purpose of this Agreement.
Effective Date as used herein shall mean: the day on which the Author entered into this agreement. Work as used herein shall mean: one (or more) copyrighted work(s), and any part of them, including the text, images, styles, fonts, graphics, art, photos, table of contents, and any other materials contained in or accompanying the works provided to UniBook by the Author.
2. GRANT OF RIGHTS
The Author grants UniBook a nonexclusive license to:
- reproduce, communicate to the public, distribute, make available, and otherwise use the Work, in physical or digital copies, in connection with the trademarks, company names and trade names of UniBook for the purpose of selling the Work on the company’s website and through various distribution channels,
- advertise and promote the Work, use the Author's name, likeness and biographical data on any reproduction of the Work, in physical or digital copies, and in any other form of advertising or promotion for the Work, and This license is granted worldwide and on a royalty-free basis.
- define the selling price and the terms for its distribution of physical or digital copies of the Work at UniBook's sole discretion and that the Author is entitled to receive payment for books sold as directed by the author during the content uploading process. In those cases where UniBook modifies the price of the book for distribution purposes, the amounts paid to authors will not change unless the change is agreed to in advance by the author.
- Make minor modifications to the work for technical reasons (i.e. modify files so they will print or trim correctly).
This license is non-exclusive, meaning that you remain free to grant a license on the Work to third parties, provided that it does not conflict with the rights granted herein. Starting on the Effective date, this license runs for an indefinite term, but can at any time be terminated by the Author taking into account a twelve (12) days prior written notice thereto to UniBook, in accordance with article 8 of this Agreement. If UniBook decides to modify or otherwise prepare the Works for its exploitation pursuant to this Agreement, UniBook will bear all expenses incurred or paid by UniBook to do so.
3. PAYMENT TERMS
The UniBook site is an eCommerce website that sells Authors’ copyrighted materials to consumers, distributors, wholesalers, and retailers, and pays a set compensation to the author on each book sold. Payments are made to the Author according to the terms selected by the author during the uploading process, and in accordance with the policies and terms included in this document:
- Authors receive a portion of the sale of each book, and that amount is specified by the author during the uploading process. If no amount is specified by the author, or if the author elects to receive no compensation, then the author does not receive a payment.
- Payments are made monthly for all sales that occurred in the previous month. UniBook makes payments via PayPal. Authors who specify payment amounts, must provide a valid email address and are responsible for acquiring a valid PayPal account that is associated with that email address.
- If at any time the author’s PayPal account is closed, or shut down, it is the author’s sole responsibility to establish a new account and update the information on the UniBook website via the provided user information update form.
- UniBook reserves the right to compensate authors using checks or other payment methods at UniBook’s sole discretion.
4. DELIVERY OF THE WORK
The Author shall deliver to UniBook one copy of the Work in digital format, in accordance with the procedure described on the UniBook website.
5. AUTHOR'S REPRESENTATION AND WARRANTIES
The Author represents and warrants that, as of the Effective date,
- the Author is the sole owner of copyright in the Work and that he has the necessary rights and power to enter into this Agreement and to grant the license granted herein, or if the Author is not the sole owner of the copyright in the Work, he has obtained, at no expense to UniBook, a transfer of all necessary rights and power to enter into this Agreement and to grant the license granted herein,
- the Author has not entered into any other agreements with any other party in conflict with this Agreement, and
- there are no pending claims of ownership or any other claims by third parties against the Work for whatever reason.
The Author represents and warrants that the Work :
- does not infringe the intellectual property rights, privacy, right of publicity or any other rights of any third party,
- has been solely created by the Author and has not been adapted from any other work, nor has the material from any other work been copied and used in the Work, or if the Work has been adapted from another work, or uses the material from another work, the Author has obtained, at no expense to UniBook, all necessary permissions,
- is not defamatory, obscene, racist, abusive, discriminatory, harmful to children or otherwise objectionable,
- contains no statement, information, advice, instruction, recipe, or formula which, if acted upon by the user, could cause physical injury, damage or financial loss,
- is not fraudulent or misleading and
- complies with all laws and regulations.
These representations and warranties will survive the termination of this Agreement.
6. USE OF THE WORK BY
The Author acknowledges that UniBook can at all times and for whatever reason refuse to utilize the Work on its website, and that the use, marketing and distribution of the Work by UniBook is at all times subject to the Author's continued compliance with the terms of this Agreement.
As such, UniBook reserves the right, at all times, to stop distributing and advertising physical or digital copies of the Work, at UniBook 's sole and absolute discretion.
7. INDEMNIFICATION
The Author agrees to indemnify, defend and hold UniBook and its respective directors, officers, employees, and applicable third parties (e.g. advertisers) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from the Work and/or the Author's breach of this Agreement.
The Indemnified Persons may at their sole discretion control the defense, at the Authors expense, of any claim indemnified herein. In the event that the Indemnified Parties determine not to control the defense of any claim hereunder, any Indemnified Person may join in defense with counsel of its choice at its own expense. The Author may not settle or resolve any such claim in a manner which imposes any liability or obligation on UniBook, or affects UniBook's rights in connection therewith without the advance written approval of UniBook.
This indemnification provision will survive the termination of this Agreement.
8. TERMINATION
This Agreement will terminate upon termination of the license granted under article 2. Termination of this Agreement shall be without prejudice to any rights which shall have accrued to the benefit of either party or to the benefit of third parties pursuant to this Agreement prior to such termination, and shall not relieve either party from its obligations which are expressly indicated to survive termination of this Agreement.
9. MISCELLANEOUS
The Author agrees that this Agreement will be governed by and construed in accordance with the laws of Belgium, without regards to its conflict of laws provisions. Any claim, legal proceeding or litigation arising in connection with the Work or this Agreement will be brought solely in the Courts of Mechelen (Belgium) and the Author consents to the jurisdiction of such Courts.
The Author hereby grants UniBook the right to transfer this Agreement to any third party. All notices required or permitted hereunder to UniBook shall be given by registered mail at the following address: UniBook, Rijksweg 7, B-2870 Puurs, Belgium. All notices required hereunder to the Author shall be given by email to the email address mentioned by the Author while completing the online registration process. It is the Author's responsibility to keep the email address updated.
UniBook is a division of Peleman Industries NV, with registered office at Rijksweg 7, B2870 Puurs, Belgium.
The relationship between UniBook and the Author is one of independent contractors. This Agreement shall be construed as if jointly drafted by the parties. This agreement may, in no circumstance, be considered as a publishing agreement in the sense of articles 25 to 30 of the Belgian Law on Copyright and Neighbouring Rights of 30 June 1994, as amended.
