Terms and Conditions for Authors
This Agreement between you the Author and ArtistScope, the Provider of the
Service, is made and entered into by registering to use the Service. Provider
and Author shall be referred to herein individually as a "Party" or collectively
as the "Parties" who agree as follows:
Grant of Rights
User grants to the Provider the non-exclusive right to monitor documents
submitted via the Service subject to the terms of this Agreement.
The acceptance of accounts and content submitted to the Service is by the final
discretion of the Provider. See a guideline.
For this agreement the definition of "Publications" shall mean any document,
article or eBook submitted for listing with the Service. "Sponsored
Publications" shall define those publications where ArtistScope has assisted a
new author either financially or by providing ENC publishing tools for free.
Except for Sponsored Publications, this Agreement will continue in effect from the time of this online registration
by the Author and such time as notice is given by either Party to terminate in
writing or by email, such termination being effective within thirty (30) days of
said notice. Sponsored Publications can obe terminated by the Provider only and
at their own discretion.
The Provider may at their discretion terminate this agreement upon
served notice if it is deemed that any content submitted via the Service are a
breach of Copyright or International Law.
This Agreement may not be assigned by either Party without the express written
approval of the other party.
Relationship of the Parties
Each Party is acting as an independent contractor and not as an agent, partner,
or joint venture with the other Party for any purpose.
Intellectual Property Rights
Provider agrees that the Publications provided hereunder, and any copies thereof,
in whole or in part, and all intellectual property rights, including without
limitation, patent, copyright, trademark, trade secret, and any other
intellectual or industrial property rights, are and shall remain the sole
property of their Author, and that all rights thereto are reserved by Author. Provider
agrees that it will not create derivatives of any Publication, nor use, copy,
disclose, sell, assign, sublicense, or otherwise transfer any Publication except as
expressly authorized in the end-user license agreement for such Publication.
Representations and Warranties
Author represents and warrants that it owns, or has valid and current distribution
licenses to the Publication and all components, and that no provision of this
Agreement violates any prior agreements between Author and any third parties and
that this Agreement has been duly authorized, executed and delivered by Author and
constitutes a legal, valid and binding obligation of Author enforceable against
Author according with its terms, that the Author owns or has administration rights
to title and interest in and to the trademarks and intellectual property to be
provided to Provider and included in the Publication and the packaging of the
Publication, (v) Author has obtained any applicable export licenses for the
Publication which are required under any other applicable law.
This Agreement shall be governed by and construed according to the common laws
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY
DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SERVICES AND PRODUCTS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO ANY THIRD PARTY FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM
ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR
ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR
LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
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