PLEASE READ THIS UPLOADER CONTENT AGREEMENT ("AGREEMENT") CAREFULLY BEFORE UPLOADING ANY CONTENT (hereinafter called and referred to as "USER CONTENT") TO BE MADE AVAILABLE TO IPUSTAK USERS VIA THE IPUSTAK PLATFORM, FOR FREE OR FOR A CHARGE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT UPLOAD, PUBLISH OR DISTRIBUTE, USER CONTENT ON THE IPUSTAK PLATFORM.
ELIGIBILITY :
In order to upload User Content to iPustak, you must:
Register for an account on the iPustak Platform (i.e. Your "iPustak Account");
be at least 18 years of age (or the age of majority in your state of residence if it is other than 18);
If you are uploading User Content to iPustak on behalf of an organization, then the said organization must be a legal entity and/or must be registered as per laws of your respective country AND THAT you must be an authorized representative of such organization with the authority to bind such organization to these terms and agree to these terms on behalf of such organization;
Your iPustak Account must be active and in good standing (among other things, this means that your account should not have been restricted or suspended).
iPustak reserves the right to refuse participation to any applicant or participant at any time in its sole discretion by terminating, without any advance notice and/or explanation for the same. Moreover, any User cannot ask for any explanation for termination, revocation and/or suspension of his application and/or account.
INCORPORATION BY REFERENCE :
The following additional iPustak terms, policies, and guidelines are expressly incorporated herein and form a binding part of this Agreement as if incorporated and reproduced fully herein:
iPustak Privacy Policy
iPustak Terms of Use
iPustak API Terms of Service
CERTAIN RIGHTS OF iPustak :
iPustak will solely control the iPustak Platform, all its features and functionality thereof and will have the right to modify, change, and/or amend the same at all times, in its sole discretion without any prior notice and/or consent and/or intimation to the iPustak Users. iPustak reserves the right to remove or delete any particular piece of User Content from the iPustak Platform at any time, at its sole discretion, without any cause, reasons, consent and/or notice to you.
AUTHORIZATION TO UPLOAD :
Subject to your full and timely consent to all the terms and conditions set out in this Agreement and its compliance, iPustak hereby authorizes you to use the iPustak Platform for the uploading and distributing of authorized, valid and legitimate digital content, including electronic documents ("User Content"). User Content is to be uploaded at your own risk. Notwithstanding anything to the contrary herein, iPustak does not guarantee that there will be no unauthorized copying or distribution of User Content nor will iPustak be responsible and/or liable for any unauthorized copying or usage of the User Content although iPustak will diligent to curb or prevent any unauthorized copying or distribution.
PROHIBITED USES :
Your authorization to use the iPustak Platform for the uploading and distribution of User Content is subject to the following restrictions:
You should not share, copy, adapt, redistribute, reconfigure, modify, create derivative works from, resell, profit from, or otherwise exploit content accessed through iPustak's service other than as permitted by iPustak.
You should not act in any way that violates any guidelines, or any other agreement between iPustak and yourself, or engage in any action or practice that disparages or devalues iPustak’s reputation and/or goodwill.
You should not upload and distribute any digital data which may hurt religious sentiments of any people and/or institutions and/or organizations etc.
You should not upload and distribute any digital data which is of abusive nature.
You should not upload and distribute any digital data which threatens any person, community, institution etc.
You should not upload and distribute any digital data which may harm the sovereignty and integrity of India and other countries in the world.
You should not upload and distribute any digital data which may harm the security of the State, friendly relations with foreign States, public order, decency or morality.
You should not upload and distribute any digital data which is in relation to contempt of any court.
You should not upload and distribute any digital data which may cause incitement to an offence.
You acknowledge that any attempted or actual violation of any of the foregoing shall always be deemed as a material breach of this Agreement AND THAT iPustak may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies ALWAYS PROVIDED THAT, “MUMBAI” (Maharashtra, India) shall always be deemed as acceptable to both the parties for all the purposes of Territorial Jurisdiction.
GRANT OF LICENSE TO iPustak IN USER CONTENT :
By uploading User Content via the iPustak Platform, you hereby grant to iPustak a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, charge money for, restrict access to view, restrict access to download, advertise against, and otherwise exploit Your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by iPustak. Such license will apply to any form, media, or technology now known or hereafter developed. Whether your content is uploaded under the free access or the paid access terms, you grant iPustak the right to restrict access to view or to download your content (for example, without limitation, to paying users) and to charge users for access to your content, subject to certain configuration options provided to you by iPustak, Subject to the terms and limitations set forth herein, you may terminate this grant of license to iPustak as to any specific piece of User Content by requesting to remove or delete that piece of User Content from the iPustak Platform; provided, however, that it is understood and agreed that iPustak may retain a copy of any User content as necessary to make it available to any other user who has paid for that access, and provided further that iPustak may, but is not required to, retain indefinitely a copy of any User Content for archival purposes.
GRANT OF LICENSE TO OTHER iPustak USERS :
By uploading User Content via the iPustak Platform, you hereby grant to each User who is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by you when you uploaded such User Content (e.g. free access or paid access). Notwithstanding the foregoing, you hereby grant to each such User at least a limited, non-exclusive, license to view, download (including, without limitation, download to a portable device, but subject to download restrictions either made by iPustak or by you), print and have printed such User Content for personal use in the manner contemplated by this Agreement with its true intents or spirit and the iPustak Platform. If your content is uploaded under a paid access model, you additionally grant to all Users (including Users not authorized to access the content), a license to view a limited Preview of your content, as specified by your document preview settings. The foregoing license granted by you terminates as to a specific piece of User Content once you remove or delete such User Content from the iPustak Platform PROVIDED HOWEVER THAT User’s rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the iPustak Platform survive any termination or expiration of the license granted in this section 7.
RESERVATION OF RIGHTS :
Subject to the licenses granted herein, you retain all your ownership rights in User Content uploaded and owned by you.
If you are a copy right, patent, trademarks, etc. (any kind of Intellectual Property Right) holder then you have to furnish such information to the iPustak in advance along with your terms and conditions for usage.
CONFIDENTIALITY :
You agree not to disclose the Confidential Information of iPustak without iPustak’s prior written consent. For the purposes of this section, “Confidential Information” includes without limitation:
software, technology, specifications, guidelines, documentation or other materials relating to the iPustak Platform;
rates or statistics relating the iPustak Platform; and
any other information designated by iPustak as "confidential" or an equivalent designation, whether orally or in writing. You may accurately disclose the amount of iPustak’s gross payments to you.
TERM AND TERMINATION :
TERM :
The term of this Agreement will begin on the date you upload Your User Content and will continue until terminated in accordance with the provisions set forth in this Section 10 (the "Term").
TERMINATION :
iPustak may, at its discretion and without reason, cause, consent, liability, or prior notice to you, immediately terminate this Agreement, your iPustak Account, or suspend your iPustak upload privileges at any time in its own discretion. You may terminate this Agreement by providing iPustak, in writing your intended termination through electronic mail at info@iPustak.com. This Agreement will be deemed as terminated by you fifteen (15) business days after iPustak’s receipt of such notice.
EFFECT OF TERMINATION :
Upon termination of this Agreement, any provision which, by its nature or express terms, will survive such termination or expiration.
RETIRING USER CONTENT :
If you choose to remove or delete Your User Content from the iPustak Platform, it will not be available to Users following the date of such request of removal or deletion (the "Deletion Date"). Notwithstanding the foregoing or anything else to the contrary in this Agreement, iPustak may permit those Users that purchased Your User Content prior to the Deletion Date to continue to have access to Your User Content after the Deletion Date, and iPustak may continue to reproduce, display, host, and otherwise use such User Content as necessary to enable such access. Additionally, Users who have downloaded offline copies of Your User Content (including, without limitation to iPustak’s Mobile Applications), may continue to access that content.
YOUR REPRESENTATIONS AND WARRANTIES :
You are solely responsible and liable for Your User Content and the consequences of whatsoever nature, upon uploading and publishing them ALWAYS PROVIDED THAT iPustak shall not be held responsible and/or liable for Your User Content AND THAT iPustak should not be made a party to any litigation arising thereby. By uploading and publishing Your User Content, you represent and warrant that:
All of the information that you provide to iPustak under this Agreement is current and accurate;
You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions in accordance with Laws relating to Intellectual Property Rights of your respective State and/or Country to use and to authorize iPustak and iPustak’s Users to use Your User Content in the manner permitted herein;
Your User Content does not and will not slander, defame, or libel any other party (including person/s, organization/s, legal entity/ies, institution/s, etc.), violate any other party’s publicity rights or trade secret rights, be obscene, or otherwise unlawful;
You have not entered into any other agreement with a third party that is in conflict with the terms of this Agreement;
Your User Content does not contain any viruses, adware, spyware, worms, other malicious code, etc.;
Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played;
no claim has been asserted nor have any proceedings been instituted by any third party against you or your predecessors in title for the infringement of intellectual property rights in Your User Content;
iPustak DISCLAIMER OF WARRANTIES :
In addition to the warranties disclaimed in the iPustak Terms of Use, iPustak expressly disclaims any warranty that the security measures used to protect User Content used by iPustak herein will be effective. iPustak makes no assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements or other circumvention of such security measures.
RELATIONSHIP OF THE PARTIES; REMEDIES CUMULATIVE :
The parties are independent contractors with respect to each other. This Agreement does not constitute and may not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. No party shall have any right to obligate or bind any other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third parties. Rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity in relation of your contents in the iPustak.
CUSTOMER SERVICE :
For assistance with questions regarding this Agreement, you can send an e-mail to info@iPustak.com. Responses to emails will be provided as soon as possible.
UNITED STATES EXPORT CONTROLS :
You shall not at any time upload any User Content that requires licenses or authorizations from any Government agencies. Relevant regulations in countries worldwide wherever applicable include but not limited to the State Department’s International Traffic in Arms Regulations and the Commerce Department’s Export Administration Regulations. You shall not post any ITAR-controlled technical data and other applicable information, including any official Department of Defense documents, on iPustak that have not been authorized for public release by the appropriate Government agency AND FURTHER THAT any kind of digital data which is confidential, personal, private, secured, illegal, and/or unauthorized by any Government, Organization, institution, etc. It is your responsibility to ensure that you comply with these laws as well as comply with the law of land and do not post any item on iPustak that is not authorized for public release under the applicable laws, regulations and restrictions. Your rights under these Terms are contingent on your compliance with this provision.
FREE CONTENT, CONTENT FOR SALE, AND FEES AND COMPENSATION :
When uploading User Content to the iPustak Platform, you have the option to make it available for free to iPustak Users or to make it available for a fee/sale. If you choose to make it available for a fee/sale via the iPustak Platform you may discuss the price you would like to receive from iPustak Users to access Your User Content via the iPustak Platform. You may contact info@ipustak.com if you may choose to make the Your User Content available for a fee/sale to iPustak Users.
EXPRESS EXEMPTIONS :
iPustak shall not be liable for any payment if your account information is not valid or up-to-date, or based on a result of any breach of this Agreement by you.
TAX MATTERS :
You are solely responsible for determination and payment of any Indian, central, state, local or foreign taxes including, but not limited to, any sales or use taxes or G.S.T., required to be collected or paid in connection with the transactions contemplated by this Agreement and you shall indemnify iPustak against any and all such Taxes. You have reviewed with your own tax advisors the Indian central, state, local and foreign tax consequences of the transactions contemplated by this Agreement. You are relying solely on such advisors and not on any statements or representations of iPustak or any of its agents. iPustak shall be entitled to deduct and withhold from any payments pursuant to this Agreement in such amounts as may be required to be deducted or withheld therefrom pursuant to any provision of U.S. federal, state, local or foreign tax law or any applicable legal requirement. To the extent such amounts are so deducted or withheld, such amounts shall be treated for all purposes under this Agreement as having been paid to the person to whom such amounts would otherwise have been paid.
NO OTHER FEES ; DISPUTE OF PAYMENTS :
No other fees or royalties will be payable by iPustak to you under this Agreement, in connection with the iPustak Store, or the provision of other materials or services under this Agreement. iPustak may change its pricing and/or payment structure at any time. If you dispute any payment made under the iPustak Store, you must notify iPustak in writing within thirty (30) days of any such payment; failure to so notify iPustak shall result in the waiver by you of any claim relating to any such disputed payment in favor of iPustak.
WITHHOLDING PAYMENTS ; SPECIAL CIRCUMSTANCES :
iPustak reserves the right to withhold payment from you if :
Your User Content is removed by iPustak for any reason;
Your iPustak Account is suspended or restricted or your access to the iPustak Platform is disabled;
You violate the API Terms of Service, or the iPustak Platform Terms of Use, including any applicable guidelines; or
Your User Content is the subject-matter of allegations of infringement or other violations of law or the rights of third parties.
INDEMNITY :
The user i.e. you hereby absolutely indemnify and keep indemnified and harmless to the iPustak and its employer and staffers from any kind of litigation, suit, legal proceeding, etc., arising from Your User Content or any other reason of whatsoever nature. You further declare and undertake to bear all expenses, costs and charges in respect of any such claim, demand, suit and/or litigation and/or legal proceedings that may be filed by any other person/s, institution/s, organization/s etc. against you as well as against iPustak for Your User Content or any other reason of whatsoever nature.
RECONCILIATION BY MEDIATION IN DISPUTES ARISING, IF ANY :
All the Registered Users have already agreed and undertaken to observe and comply with all terms and conditions and honor the entire text of this "iPustak UPLOADER AGREEMENT" in its true spirit and intents. Should, for any unfortunate reason any dispute arises with regard to interpretation and implementation of the Terms and Conditions envisaged and recorded in this “iPustak UPLOADER AGREEMENT”, the same shall initially be referred to by the aggrieved party for process of Reconciliation and Mediation for redressal of such grievance before seeking any other legal remedies by resorting to filing of complaint/s and/or civil suit/s and/or Criminal Suit/s in the court of law AND FOR THAT PURPOSE Mr. Kaustubh Rajendra Joshi (Mob. No.: +91-9702284645, E-mail ID : adv.kaustubh.joshi@gmail.com) presently having his office at G-11A, Vijay Industrial Estate, Near Evershine Mall, Link Road, Chinchavali Bandar, Malad (West), Mumbai - 400064 is nominated and appointed as Mediator AND THAT the said Mr. Kaustubh Rajendra Joshi has agreed to act as a Mediator having been appointed mutually AND THAT he has been apprised of the entire text of this document and has agreed to act as Mediator so appointed mutually.
By agreeing with our terms and conditions, it shall always be deemed that you have read, understood and acknowledged our all terms and conditions contained herein.
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