TERMS OF SERVICE
These Terms of Service (“Agreement”) govern your access to and use of the service(s) (“Service”) provided by PULP FREE PUBLISHING, LLC. (“PFP”, “we” or “us”) in connection with the Pulp-Free Publishing website (the “Site”) or through other communication platforms, including applications (“Pulp-Free App”) on a mobile device (each, an “Application”). Please read this Agreement carefully. By accessing the Service, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you may not access or use the Service. By accessing the Application and any associated media, printed materials, and “online” or electronic documentation (collectively, “Licensed Application”), you agree to be bound by this Agreement and by the applicable End User License Agreement (“EULA”), which is hereby incorporated by reference into this Agreement. If you do not wish to be bound by the EULA or this Agreement, do not access or use the Licensed Application.
This Agreement may be amended by PFP from time to time. If we make material changes to the Agreement, we will notify you through the Application interface or at your primary email address, as specified in your member account information. You agree that such amended Agreement will be effective thirty (30) days after our dispatch of a notice to you, and your continued access to the Site or use of the Service or Application thereafter shall constitute your acceptance of the amended Agreement.
The Service is intended solely for access and use by individuals that are thirteen (13) years of age or older and have agreed to this Agreement. By accessing and using the Service, you represent that you are at least thirteen (13) years old. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. USER ACCOUNTS
3. USE OF THE SERVICE
Objectionable Material. You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not use any forum available on the Service for advertising to, or solicitation of, other members to buy or sell any products or services. You acknowledge and agree that by using the Service or accessing Products (defined in Section 5.1), you may encounter content that may be regarded as offensive, indecent, or objectionable and that you use the Service and access Products at your sole risk. PFP will have no liability to you for offensive, indecent, or objectionable content.
4. THIRD PARTY SITES AND SERVICES
5. FEES AND PAYMENTS
PFP provides certain digital conversion products, readers, and other related products for a fee (“Products”). These fees are displayed with the applicable Product, and if you choose to receive Products from us, you agree to the fee policies specified through the Service, which are hereby incorporated herein. Prices and availability of all Products are subject to change at any time. You must provide PFP with valid credit card or Pay Pal payment information prior to registering for the Service. You agree that PFP may charge fees to your credit card or other payment account for Products that you receive and that you will pay all applicable fees assessed to your Account. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.
Users can earn money by selling their books on the Pulp-Free app. Monies earned are calculated after certain fees, taxes and duties are deducted by Apple, Inc. and PFP respectively. Monies Earned are dependent on the Revenue Plan chosen by the User. The general formula for calculating monies earned is as follows;
1. SALES PRICE less 30% fee by Apple (may include additional taxes and duties at Apples discretion) = NET REVENUE
2. NET REVENUE less 30% fee by PFP = MONIES EARNED
Monies Earned by Users will be paid to User, either by check or by PayPal, when at least $50 has accumulated in their Monies Earned account. Once the Users Monies Earned account has accumulated the minimum amount noted, PFP will send Monies Earned within 30 days of receiving the corresponding Net Revenues from Apple.
6. LICENSE AND PROPRIETARY RIGHTS
6.1. LICENSE TO THE SERVICE
Subject to the terms and conditions of this Agreement, PFP grants you a limited, non-exclusive, and revocable license to access and use the Service only to the extent necessary to use the Service as described by PFP on the Site. PFP reserves the right to change or discontinue the Service (or any feature thereof) at any time, with or without notice.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Service or the Products or make the Service or the Products available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service or the Products; (c) you shall not access the Service in order to build a similar or competitive product or service or attempt to access the Service through any unapproved interface; (d) you will not use any device, software, or routine to damage, interfere or attempt to interfere with any application, function, or use of the Service; (e) except as expressly stated herein, no part of the Service or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (f) any future release, update, or other addition to functionality of the Service (if any) shall be subject to the terms of this Agreement unless PFP expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Products and all copies thereof.
6.3. PROPRIETARY RIGHTS
PFP and its licensors own and retain all proprietary rights in the Service and the Products. The Service and Products contain the copyrighted material, trademarks, and other proprietary information of PFP and its licensors. Except as expressly specified in this Agreement, the provision of the Service and the Products does not transfer to you or any third party any rights in or ownership of such intellectual property, including, without limitation, any intellectual property rights in any PFP or third-party content.
7. CONTENT POSTED BY USERS
You understand and agree that, to the extent it is able to do so, PFP has the right to (but is not obligated to): review any content, communication, information, works of authorship, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is published, displayed, or transmitted ("posted") on or through the Service for other users, and delete any such Content for any reason in its sole discretion. You further understand and agree that PFP has the right to take any action, including deletion of Content or the barring of access to the Service, in response to conduct or Content that in the sole judgment of PFP violates this Agreement or is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other users or third parties. You are solely responsible for the Content that you post on the Service.
You own all of the content and information you post on PFP. By submitting User Content, you also grant us the right, but not the obligation to use your User Content in connection with display advertisements and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Web sites and advertising networks of our distribution partners and third-party service providers
7.2. RIGHT TO LICENSE
By posting Content to any area of the Service available to other users ("Publicly Posted Content"), You represent and warrant that you have the right to grant the foregoing license and to post the Publicly Posted Content and that you will not post any illegal or Prohibited Content (defined below) and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
7.3. PROHIBITED CONTENT
The following is a partial list of Content that is prohibited on the Service (“Prohibited Content”), which PFP has the right to take into account in taking any action in its sole discretion, including actions to delete or prevent access to Content, to limit or bar access to the Service, or to terminate or limit any relationship between you and PFP or the Service. PFP reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision, including without limitation, removing Prohibited Content from the Service, notifying the appropriate authorities regarding and identifying the source of Prohibited Content and terminating the Accounts of such violators. Prohibited Content includes, without limitation, Content that:
8. COPYRIGHT POLICY
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless you have the right to do so. Selling content that is in the public domain is not permissible through our program. If it has been determined that you have submitted material for which you do not have the rights, or is in the Public Domain PFP will not have any obligation to publish said title nor refund any monies after a title has been submitted to PFP. Additionally, PFP, at its sole discretion can deactivate your account.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: 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; an identification of the location on the Site or Service of the material that you claim is infringing; your address, telephone number, and email address; a written 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 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.
Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or maintain an Account. You may terminate your Account at any time, for any reason through the appropriate account management page on the device application, if available, or by sending an e-mail to email@example.com. PFP has the right to terminate this Agreement, or suspend or terminate your access to the Service, immediately effective upon sending notice to you at the email address you provide in your Account. Upon termination of this Agreement by either party, your right to access and use the Service will terminate immediately. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to our termination of this Agreement.
10. USER DISPUTES AND RELEASE
You are solely responsible for your interactions with other Users. PFP reserves the right, but has no obligation, to monitor, or take any action PFP deems appropriate regarding, disputes between you and other members. To the extent permitted under applicable laws, you hereby release PFP from any and all claims or liability related to: (a) any Content posted on the Service; (b) the conduct, whether online or offline, of any other user; and (c) termination or denial of access to or use of the Service.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10.1. WARRANTY DISCLAIMER
To the extent permitted under applicable laws, the Service and Products are provided "As-is" and as available and PFP expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. PFP does not guarantee and does not promise any specific results from the use of the Service or Products. PFP makes no warranty that the Service will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. You agree that PFP is not responsible for the timeliness, deletion, mis-delivery, or failure to store any communications or personalization or preference settings. PFP does not assume any obligation to monitor activities conducted on the Service.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
10.2.LIMITATIONS ON LIABILITY
To the extent permitted under applicable laws, PFP shall not be liable to you, or any third party, for any lost profits, indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to your use of the Service, Site, Products, or Licensed Software under this Agreement, even if PFP has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PFP’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (1) an amount equal to the amounts paid by you to PFP in the twelve (12) months preceding the claim; and (2) Fifty U.S. Dollars (US $50). The existence of one or more claims will not serve to enlarge this limit. You acknowledge and agree that the limitations of PFP’s liability are (a) reasonable in light of your ability to use the Service, Site, Products, or Licensed Software at the fees charged by PFP (if any), and (b) essential and fundamental parts of this agreement which are necessary to induce PFP to enter into this agreement.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold PFP, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, brought by any third party arising out of or relating to: (a) your use of the Service, Site, Products, or Licensed Software, or (b) arising from your breach of this Agreement.
10.4. ELECTRONIC COMMUNICATIONS
The communications between you and PFP use electronic means, whether you visit the Site, use an Application, or send us emails, or whether PFP posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from PFP in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PFP provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
10.6. COPYRIGHT AND TRADEMARK INFORMATION
© 2017 Pulp Free Publishing, LLC. All Rights Reserved. The trademarks, logos and service marks (“Marks”) displayed on the Service are our property or may be the property of third parties. Certain uses of Marks require the permission of the owner. If you are interested in using our Marks for any purpose, please contact firstname.lastname@example.org to determine whether such a use requires authorization.
Pulp Free Publishing, LLC. is located in Los Angeles, California, 91604. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note 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.
12.1 THE SITE
We may change the site from time to time in our sole discretion. These changes may include but are not limited to our discontinuation of aspects or features of the Site, including, but not limited to the content of the Site, the availability of the services or programs offered on the Site or those of third party sites that we link to, or the equipment needed to access the Site. We may change or eliminate any transmission method or change transmission speeds or other signal characteristics, or add certain fees or charges.
12.2 TERMS OF SERVICE
We may also change our Terms of Service from time to time, and those changes will be available for your review our Site. Your continued use of our Site after any such changes have been made will signify your assent to the changed Terms of Service. If you do not accept these changes to the Terms of Service, do not continue to use the Site.
These Terms of Service may also be translated to other languages for your convenience. Whether this is or is not the case, the English version governs your relationship with PFP, and any inconsistencies to befound among other versions will be resolved in favor of the English version.
12.3 MATERIAL CHANGES