Publisher Agreement

 

This User Submission Agreement is a part of the Terms of Use and represents your legally binding agreement with us (“User Submission Agreement”) regarding submission of your “User Content” as defined in the Terms of Use to (and our display and distribution of on) the Site and/or GLOSSAREAD via certain software, application or medium (“Console”) we make available to you so you can upload and post such User Content for display, sale and distribution, regardless of what type of Device you use to submit User Content to the Site and/or GLOSSAREAD.

 

BY JOINING OR EACH TIME YOU ACCESS AND USE THE CONSOLE TO SUBMIT YOUR USER CONTENT OR ATTEMPT TO DO SO, YOU ARE SIGNIFYING THAT YOU HAVE READ AND UNDERSTOOD, AGREE AND ACCEPT ALL TERMS AND CONDITIONS OF THIS USER SUBMISSION AGREEMENT AS WELL AS THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE THAT GOVERN YOUR LEGAL AND CONTRACTUAL RELATIONSHIP WITH THIS SITE AND GLOSSAREAD.

 

We reserve the right, at any time and from time to time, at our sole discretion, to change the terms of this User Submission Agreement. As mentioned in the Terms of Use, we will post notice of such changes to this Agreement and Additional Agreements on the Site (as defined in the Terms of Use). If you object to any such changes, your sole recourse shall be to stop using the Site. Your continued use of the Site and Console following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

You are eligible to submit any User Content using the Console on this Site and/or GLOSSAREAD only if you are 18 years of age or older. If you are not yet 18 years old and/or do not meet any other eligibility requirements as required by law for this purpose, please discontinue using this Site immediately. By continuing to use or attempting to use this Site or Console, you certify that you are at least 18 years old or other required age for certain features and meet any other eligibility of this Site or applicable law.

 

1.Submitting User Content

The term “User Content” shall have the same meaning as defined in the Terms of Use Agreement of which, this User Submission Agreement is a part of. Along with the Console, all the instructions to upload such User Content are made available on the Site.

The Console and the Site may prompt you to provide some information about you and the User Content being or proposed to be submitted. This may include, without limitation, information relating to the title, brief description and length of the User Content and some information about you, such as location and/or similar information. By submitting User Content, you agree and understand that it includes and refers to, without limitation, all the information you submit or we receive that is related to your submission or you. You shall identify, at your sole discretion, the User Content that you wish to submit to the Site to offer for sale to users of the Site. The Site or GLOSSAREAD is not responsible for any loss and damage to the User Content, including owing to contributing factors such as misdirection, them being rendered unusable or unreadable. Thus, it is advised that a copy of any such submission is retained. Proof that you submitted User Content does not constitute proof that we received anything.

 

2.User Content Standards

You agree and accept that you are solely responsible and liable for any consequences resulting from the submissions of User Content, made under your name, user name, email address, password and your registration and profile information. While User Content does not reflect our views and neither do we endorse or support any opinions or views expressed therein, we reserve the right, without limiting any and all other rights we may have, to determine, if the User Content submitted by you violates this User Submission Agreement or the Terms of Use.

You agree you shall not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as GLOSSAREAD deems appropriate, any User Content submitted by you that is or could be construed as violating any of the terms and conditions of this User Submission Agreement and/or any of the terms and conditions set forth in our Terms of Use, including without limitation, the specific terms and conditions contained under the sub-heading of “Your Responsibilities” of the Terms of Use. Such terms and conditions as contained under the sub-heading of “Your Responsibilities” shall be deemed incorporated into and form a part of this User Submission Agreement.

You agree and accept that in some countries, the access, use or downloading of the User Content may not be considered to be legal for certain persons or purposes and that while submitting the same, you do so at your own risk.You agree and accept that this Site and GLOSSAREAD require that all User Content that you submit or upload has not previously been nor shall it be offered, for any reason whatsoever, without consideration, whether online or through offline platforms. You also agree that you shall not offer such User Content for sale elsewhere, at a price lower than that offered on the Site or to GLOSSAREAD.

 

GLOSSAREAD may use means of reviewing the User Content, in order to prevent violation of terms and conditions contained herein or under any law in general, and to avoid appearance of such unauthorized content on our Site. GLOSSAREAD may, if it deems the User Content as inappropriate and, in its sole discretion, notify you to make appropriate modifications, you may rectify the same within forty-eight (48) hours, pursuant to which the same may be uploaded.

 

If we determine, in our sole discretion, that the User Content violates this User Submission Agreement or the Terms of Use, then we reserve the right, at any time, without notice and without limiting any and all rights that we may have under this User Submission Agreement, Terms of Use, at law or in equity, to, a) refuse to allow you to submit further User Content, b) remove and delete your User Content, c) revoke your registration and right to use the Console or access the Site and d) use any means available to enforce the terms of this User Submission Agreement and Terms of Use, including without limitation, technological, legal operational means and other means available such as blocking specific IP address, deactivating your registration, access using your email address, your user name and password.

 

GLOSSAREAD shall have no obligation or liability whatsoever to you, for removing, deleting, moving, editing or rejecting the User Content that it deems, in its sole discretion, as inappropriate, as being abusive, defamatory, obscene, pornographic, in violation of intellectual property rights, or in violation of this User Submission Agreement or the Terms of Use.  Should GLOSSAREAD receive any notice of any claim of infringement that satisfies legal requirements and the terms and conditions contained in the Terms of Use, GLOSSAREAD may remove User Content so identified in the notice. GLOSSAREAD reserves its right and may be obliged, under law, to provide information to law enforcement agencies including judicial, governmental or regulatory, to protect their respective interests and that of the Site or GLOSSAREAD’s interests.

 

3.Intellectual Property Rights and Infringement

We do not claim ownership of any User Content. As between you and us, you own all rights to your User Content. However, you grant to us and our affiliates, representatives, sub-licensees and assigns a non-exclusive, irrevocable, perpetual, fully-paid (as applicable), right and license to distribute, syndicate, license, reproduce, modify, adapt, publish, translate and publicly display your User Content (in whole or in part) in any format or medium now known or later developed. However, our rights and exercise thereof, shall at all times, be subject to the limitations as imposed on us under our Privacy Policy.

You represent and warrant that your User Content complies with all the terms and conditions contained in this User Submission Agreement and the Terms of Use and that your User Content and our authorized use of the same do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

 

We respect and protect intellectual property rights, both our own and others. Accordingly, we employ multiple measures to prevent intellectual property infringement over this Site and to promptly end any infringement that might occur. In this regard, the Terms of Use, specifically, those contained under the sub-heading “Ownership of Intellectual Property”, shall be deemed incorporated into and form a part of this User Submission Agreement.

If you believe that the Site contains elements that infringe your intellectual property rights, please send a written notice to us at [email protected], containing a statement of the alleged infringement and in accordance with other terms and conditions in the aforesaid Terms of Use.

 

4.Rights Granted to GLOSSAREAD

GLOSSAREAD reserves its right to carry out such essential modifications to the User Content so submitted as allow or help in uploading the same on the Site. You grant to GLOSSAREAD and this Site, a non-exclusive, irrevocable, right and license to distribute User Content directly and through third party distributors, in all digital formats by all digital distribution means and methods available. GLOSSAREAD shall have the right to display advertisements in connection with User Content and to use User Content for advertisement and promotional purposes without any compensation to or from you. These rights include, without limitation, the right to:

  1. Reproduce, index and store User Content on one or more computer facilities, and reformat, convert and encode the User Content;
  2. Display, market, transmit, distribute, sell and otherwise digitally make available all or any portion of User Content through the Site, for users to view online and offline, including on portable devices;
  3. Permit users to ‘store’ purchased User Content on user-application / servers and to access and re-download such User Content from virtual storage from time to time both during and after the term of this User Submission Agreement and the Terms of Use;
  4. Display and distribute
  5. Your trademarks and logos in the form provided by you to GLOSSAREAD or within the User Content (with such modifications as are necessary to optimize their viewing);
  6. Portions of the User Content, in each case solely for the purposes of marketing, soliciting and selling User Content and related GLOSSAREAD Services and Materials, as defined in the Terms of Use; and
  7. Use, reproduce, adapt, modify, and distribute, as GLOSSAREAD determines appropriate, in its sole discretion, any metadata provided by you in connection with the User Content; and
  8. Transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) User Content as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display). In addition, you agree that GLOSSAREAD may permit its affiliates and independent contractors, licensors to exercise the rights granted under this Agreement.

 

GLOSSAREAD is only acting as a host or a platform for submitted User Content, with all of the specific rights granted hereunder. While you, by submitting your User Content, are requesting us to take advantage of and exploit the rights and privileges granted hereunder, the Site, GLOSSAREAD or any of our affiliate, has any obligation to market, distribute, or offer for sale any of the User Content or to continue marketing, distributing or selling the User Content or do any of the things that the rights and privileges permit us to do.

 

5.Ownership

The contents of this Site, the “Material”, as the term is defined in the Terms of Use and Console are the property of GLOSSAREAD and their affiliates, and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers and operational service providers and are legally protected, under India and foreign laws, regulations and treaties.  Unless the context clearly requires otherwise or we explicitly state so in writing, the term “Site” includes “Materials” as well. GLOSSAREAD retains all rights, title and interest in and to the Site and Console including, without limitation, to all intellectual property and proprietary rights existing therein anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the same.

 

We do not claim ownership of any User Content. As between you and us, you own all rights to your User Content. Except for the rights granted herein to GLOSSAREAD, nothing contained herein conveys to us any ownership rights in your User Content.

 

By submitting the User Content on the Site, you hereby represent and warrant that:

 

  1. you own the rights to or the necessary rights to grant all of the authorizations, rights in this User Submission Agreement to the User Content;
  2. you are legally authorized to and capable of entering into, performing and complying with this User Submission Agreement with the Site and /or GLOSSAREAD;
  3. the information provided in relation to the User Content is current, accurate and complete;
  4. the User Content submitted by you does not violate this User Submission Agreement, Terms of Use, any rights of any other party, any of your obligations, any law or regulation or infringe upon or misappropriate any intellectual property, privacy or publicity rights of a third party;
  5. you hold and shall continue to hold the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this User Submission Agreement and that your future assignees of the rights mentioned herein, shall be obligated to perform and be bound by the surviving clauses of the User Submission Agreement and the Terms of Use in relation to the User Content already submitted; and
  6. you shall furnish all information and documentation necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this User Submission Agreement.

 

You acknowledge that other users may have submitted User Content that may be substantially similar or identical to that contained in any User Content submitted by you, which may be purely coincidental or unavoidable.  In such a scenario, you understand and agree that you shall not be entitled to any compensation because of the use or exploitation of use of another user’s User Content.

 

6.Financial Consideration

You shall have the sole and complete discretion to set the retail price at which your User Content will be sold through the Site and /or GLOSSAREAD.

GLOSSAREAD shall be solely responsible for processing payments, payment collection, interface requests for refunds and related service to the user, and will have sole control of all data obtained from current and prospective users in connection with the Services and / or Site. We shall establish appropriate arrangements with payment gateways, e-wallets and other similar service providers to receive or effect payments from users for the purchase of the User Content as per the operating country guidelines of GLOSSAREAD operations and relevant users. Payments received from users shall be shared with you as per terms and conditions contained in the Publishing Agreement entered into with you. GLOSSAREAD shall calculate and reconcile your share of the Revenue at the close of every calendar month and transferred to a bank account nominated by you in the said Publishing Agreement.

 

7.Indemnification

The indemnifications contained in the Terms of Use that are deemed incorporated into and form a part of this User Submission Agreement and include, without limitation, any third party claims arising from, related to or caused by your User Content, the submission thereof or in any way associated with this User Submission Agreement or the Site.

 

8.Disclaimer and Limitation of Liability

CONSOLE IS PROVIDED ‘AS IS’ WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE CONSOLE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, REPRESETNATIONS, WARRANTIES AND OBLIGATIONS UNDER THIS USER SUBMISSION AGREEMENT AND FOR ANY DAMAGE TO YOUR COMPUTER, DATA OR ANY OTHER AS A RESULT OF YOUR USE OF THE SITE OR THE CONSOLE. GLOSSAREAD AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMIATION WARRANTIES CONCERNING ACCESS TO AND/OR AVAILABILITY, FINTENESS, USEFULNESS OR SECURITY OF THIS SITE, MATERIAL OR CONSOLE OR ANY SOFTWARE, RESOURCES OR FCILITIES AND /OR SERVICES AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR THAT THE CONSOLE WILL FUNCTION OR PERFORM IN A SPECIFC MANNER.

 

GLOSSAREAD AND ITS AFFILIATES SPECIFICALLY EXCLUDE ALL LIABILITY FOR ALL UNAUTHORIZED USE THAT IS IN VIOLATION OF THIS USER SUBMISSION AGREEMENT OR THE TERMS OF USE OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. GLOSSAREAD AND ITS AFFILIATES DISCLAIM ALL LIABLITY, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION AND EVEN IF ADVISED OF THE POSSIBLITY OF DAMAGES, FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES.

 

9.GENERAL

The Terms of Use, incorporating this User Submission Agreement and any Publication Agreement that you may have entered into with GLOSSAREAD is the entire agreement between you and us regarding the User Content or your use of the Console or the Site and supersedes any prior or inconsistent agreements. GLOSSAREAD reserves its right to terminate this User Submission Agreement and your right to use the Console or the Site, without any notice to you whatsoever.