Leanpub Terms of Service
These Terms of Service (the “Terms of Service” or “Terms”) are effective as of October 30, 2009, and were last updated on September 7, 2018.
Leanpub (“Leanpub”) is a service of Ruboss Technology Corporation (“Ruboss”), a corporation incorporated in British Columbia, Canada. These Terms of Service govern your access to and use of Leanpub, the Leanpub website, applications, public APIs and client software (collectively referred to as the “Site”, the “Service” or the “Services”), and any information, texts, graphics, or other materials uploaded, downloaded or appearing on the Services, including without limitation videos, code samples, Course material or any other content made available for download or streaming, as well as PDF files, EPUB files, MOBI files, LPUB files and other formats of ebooks, and any other forms of content presented and/or made available for sale (free or otherwise) on the Site (all of which is collectively referred to in the Terms as “Content”).
YOUR ACCESS TO AND USE OF LEANPUB IS CONDITIONAL UPON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. RUBOSS RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME, AND YOUR CONTINUED USE OF LEANPUB, OR ACCESS TO THE CONTENT, CONSTITUTES BINDING ACCEPTANCE OF ANY AND ALL CHANGES TO THESE TERMS.
Any person who accesses the Site or Services (the “User” or “Users”), including those who purchase, manage, build and deliver Content to be made available to other Users, such as the author of a book made available for sale on Leanpub, must check the Terms of Service regularly for updates. Ruboss is not liable for any failure to notify users of a change in the Terms of Service, and is not responsible for ensuring users have read and understood the Terms of Service.
1. Description of Services
Leanpub is a platform for the creation and dissemination of works including ebooks and courses (the “Product” or “Products”). Leanpub is built to encourage content creators to begin publishing and selling their work before it is complete, in a process called Lean Publishing. The Lean Publishing process includes a number of potential improvements to the conventional publishing process. For example, it allows authors to begin building a community of readers earlier in the life cycle of a work such as an ebook; it allows readers to provide feedback to the author to improve the quality of their book; it allows for creative pricing incentives, such as offering a work for a lower price to early adopters; and it can provide encouragement to an author to complete a work they would otherwise have abandoned.
2. Basic Terms
Ruboss disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any other client software. Ruboss also reserves the right to modify, suspend or discontinue the Services without notice at any time and without any liability to you. This includes, but is not limited to, the right to create limits on the use of the Service, and storage of files on the Service, at the sole discretion of Ruboss.
2.2 User Responsibility
Each User is responsible for their use of the Services, for any Content they post to the Services, and for any consequences thereof. The Content you submit, post, or display may be viewable by other Users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
Content made available via the Service is the sole responsibility of the User that makes the content available. This includes but is not limited to completed books and unfinished or in-progress books. Ruboss accepts no liability of any kind in relation to any and all Content posted to the Service (published, in-progress, or otherwise).
2.3 Types of User-Generated Content for Sale
There are various types of User-generated Content available for sale on Leanpub. These included but are not limited to:
Books or Ebooks: Original works that may be presented in PDF, EPUB, MOBI, LPUB and HTML or other digital formats that may be read on computers and/or hand-held devices and may be comprised of any one or more of the following types of content, without excluding any other type of content: text, images, video, music, code samples, figures, and tables.
Bundles: Groupings of two or more ebooks by one or more Account Holder(s), available for purchase as a single item.
Courses: Content made available for viewing and/or sale as part of Leanpub’s Courses service. This includes, but is not limited to, Content such as multiple-choice questions with which Users may interact, and in relation to which Users may be assessed and assigned grades, automatically or manually. Users may also be given certificates in relation to what is deemed by the Course Author or another relevant Leanpub User to be successful completion of, for example, a set of questions, with the measure of success to be determined by a relevant Leanpub User.
Extras: Digital files made available for distribution via Leanpub by Users. Extras may include videos, photos, artwork, source files, code samples, apps, templates and worksheets, or any other content made available by Users for consumption via Leanpub.
Packages: A group of items for sale on Leanpub, consisting of the sale as a unit of a Book and in addition at least a single Extra.
2.4 Types of Leanpub Accounts
Signing up on Leanpub involves an arrangement by which a user is given personalized access to a website or application by entering a username and password (an “Account”) and potentially other information.
People use Leanpub Accounts for a variety of purposes. Different features may be made available to Users based on how they use Leanpub. For the purposes of clarity in these Terms, on occasion Accounts may be referenced according to a specific use or function, as follows:
- Author Account: An Account which includes editorial access to at least one Product.
- Cause Account: A non-profit or charitable organization that has applied for and been accepted to the Leanpub for Causes program after having accepted the terms of the Leanpub for Causes program.
- Publisher Account: An Account which includes editorial access to at least one Product under the designation of “Publisher.”
- University Account: An Account which includes editorial access to at least one Product under the designation of “University.”
- User Account: An account that does not include access to Author Account features or Publisher Account features. A User Account Holder may purchase and read Leanpub books and otherwise interact with Authors, Publishers and other Users on the Site, including reader discussion forums.
2.4.1 Restrictions on Account Names, Usernames, Product Names, and URL Slugs
Users are not required to use their own names for their Account names or their usernames.
However, Users are not permitted to create Accounts or Products (including Books and Courses) with a trademarked word or name, or Accounts that appear to be Accounts of other non-fictional persons or organizations, unless the name and username includes an explicit declaration that it is a parody Account. In addition, Users are not permitted to use a trademarked word or name in the slug part of the URL for a Product or Account, in cases where Ruboss, at its sole discretion, deems it may appear that the slug indicates an association between the Product or Account using the slug, and the owner of a trademarked word or name. For example, it is not permitted to create Accounts with the name or username of a company, unless the User who creates the Account is a representative of that company with the authority to create and use the Account. Any Accounts deemed to be in violation of this rule may be blocked, deleted, or renamed at any time at the sole discretion of Ruboss.
2.5 Types of Leanpub Users
For the purposes of clarity, in these Terms Leanpub Users may be referenced according to specific functions or responsibilities, as follows:
- Account Holder: The individual person who created a Leanpub Account who is therefore the owner of the account (the “Original Account Holder”), or the person to whom ownership of the account has been transferred by the Original Account Holder. A Leanpub account may belong to an organization and be used by a representative of the organization on the organization’s behalf.
- Author: A User who has created a Product they have made available on Leanpub, or who has played a role in the creation of such a Product.
- Co-Author: One of the Authors of a Product with multiple Authors.
- Minor: A person under the age of majority in the relevant jurisdiction or who is otherwise designated as a minor in the relevant jurisdiction.
- Original Account Holder: The individual who creates a Leanpub account, or the organization on whose behalf an individual creates a Leanpub account.
- Primary Author: The Author or owner of a Product granted unique authority over various aspects of a Product or an advertisement on Leanpub of an Author’s Product or Products (the “Placement” or “Placements”), including but not limited to the original division of royalties amongst co-authors, any subsequent change in the division of royalties, the granting or the revocation of co-authorship status to another Leanpub User or Users, and any other authority granted by Leanpub as defined in these Terms or otherwise granted by Leanpub, subject to alteration or revocation by Leanpub at any time and for any reason. A Publisher or a University may be regarded as the Primary Author of a Product.
- Publisher: Any User who holds or has held a Publisher Account.
- Reader: A User who accesses a Leanpub Product. A Reader may or may not be an account holder.
- University: Any User who holds or has held a University Account.
2.6 Responsibility For Completion
Responsibility for the completion of any Product that is initially published in-progress is exclusively the responsibility of the User or Users who manage the Product on Leanpub (the Product’s “Author” or “Authors”), as well as the Users who hold Publisher or University Accounts under which a Product is managed. Ruboss is not obligated to offer a refund or refunds related to any purchase of an in-progress Product that is not later completed. The publication and sale of an in-progress Product does not represent a promise on the part of Ruboss or the User or Users responsible for the production of the Content.
2.7 Minimum Age Requirements
You must be at least eighteen (18) years of age, or the age of majority in the jurisdiction where you reside if that age is greater than 18, to be an Account Holder with related access to the Site and Services. If a parent or guardian becomes aware that their child has breached this condition and provided Ruboss with personally identifiable information without their consent, the parent or guardian should contact us at firstname.lastname@example.org. If we become aware that someone who does not meet our Minimum Age Requirements is acting as an Account Holder, and has provided us with personally identifiable information, we will make reasonable efforts to delete such information from our files.
Minors are prohibited from creating Leanpub accounts. A Minor may only access the Service through an Account held by their parent or legal guardian. All payments must only be made by/to persons who are not Minors. Ruboss disclaims all responsibility and liability for Users who are Minors. Any and all responsibility for the actions of a Minor, and the consequences thereof, are the responsibility of the parent or guardian.
A parent or guardian of a Minor may create an Account and publish work on behalf of a Minor, as long as the parent or guardian manages the Account, and is responsible for all actions associated with the Account (this includes, but is not limited to, publishing, purchasing, updating, and downloading).
Children under the age of 13 are prohibited from accessing or using the Site or Services, regardless of parental approval.
Due to the presence or potential presence of mature content, Minors are prohibited from accessing the Fiction subgenres of Erotica and Fan Fiction. For the purposes of these Terms, “Erotica” is defined as literature or art or any Content intended to arouse sexual desire, containing mature content. “Fan Fiction” is defined as fiction featuring characters or other recognizable content from a particular TV series, movie, book, or other media created by a person or persons other than the Author(s) of the Content.
Erotica and Fan Fiction Products are required to be categorized as such by the Primary Author, and Ruboss reserves the right to remove content or terminate memberships, as stated in Section 14 of these Terms, for any violation of this policy. Users are required to verify they are over 18 years of age before accessing each of the subgenres of Erotica and Fan Fiction on the Site. Ruboss is not responsible or liable for any User who is a Minor who fraudulently accesses these subgenres. Parents and guardians who give Minors access to the Site and Services are responsible for ensuring the Content viewed is appropriate, and that the Minor does not misrepresent their age to access the Erotica or Fan Fiction subgenres. If we become aware that a Minor is accessing Erotica or Fan Fiction, the Account Holder will be notified via email, and further action may be taken at Ruboss’ sole discretion.
2.8 Your Ability to Accept Terms
By accepting the Terms and using the Services you represent and warrant that you have the legal capacity to enter into these Terms, and that entering into these Terms does not conflict with any arrangements or agreements between you and any other person or entity.
You may use the Services only if you can enter into a binding contract with Ruboss and are not a person barred from receiving services under Canadian law, or other applicable jurisdictions. You may use the Services only in compliance with these Terms and all applicable local, provincial, state, national, and international laws, rules and regulations. If you are unwilling or unable to be bound by these Terms, you are not permitted to use the Services, and must immediately stop using the Services.
2.9 Product State
A Leanpub Product is always in a definite State that may affect how it is presented or not presented on Leanpub, whether or not it is currently published, etc. For example, a Product may be in the “Published” State or the “Unpublished” state, and this may affect how it is presented and accessed on Leanpub.
The meaning of Product States is determined by Leanpub and may change at any time for any reason. New States may be added and old States removed, with State reassignment carried out by Leanpub at its sole discretion and without warning. Product States include Published, Unpublished, Embargoed, Retired, and Deleted, amongst others.
2.10 Abusive Speech
Any User or person who engages in abusive speech or other abusive actions in their use of the Services, or in their contact with Leanpub Users, or employees, officers, or contractors of Ruboss (an “Abusive Speaker”), may have their access to Leanpub suspended or blocked.
If a User or person is deemed by Ruboss to have engaged in abusive speech, Ruboss may suspend access to, or terminate, a User’s Leanpub account. Ruboss may also take measures to protect Users, or employees, officers, or contractors of Ruboss from being contacted by the Abusive Speaker. This may include blocking the Abusive Speaker’s email address from being able to send emails to any @leanpub.com email address, or blocking the email address from being used on “Email the Author(s)” forms, along with any other relevant action Ruboss deems appropriate.
This policy means that, for example, if you send an email to email@example.com with abusive speech and/or other abusive content, without any requirement to respond to you or give you any warning, we may block firstname.lastname@example.org from receiving emails sent from your email address, and/or block your email address from being used to create a new Account, or access an existing Account.
The purpose of this policy is not just to stop abusive speech carried out in association with the Services, but also to prevent such abusive speech from occurring in association with Ruboss. Therefore, this policy extends to the world outside direct use of the Services, and includes any contact with persons associated with Ruboss or any of its services. For example, if we discover abusive speech in your social media interactions, even if those interactions have nothing to do with Ruboss, we may invoke this policy and suspend access to an associated Leanpub account, and/or block any future use of the Services by the Abusive Speaker, to the extent we are able to do so.
Ruboss reserves the right to determine, at its own discretion, what consistutes abusive speech, and to invoke this policy without warning or any communication whatsoever. For guidance on this matter, please read section 9 of these Terms, “Content Policy;” however, that section does not limit Ruboss’s right to determine whether an activity constitutes abusive speech.
An example of abusive speech is racist speech. Another example is threatening an individual with death, or any form of physical violence. The threat does not have to be direct or take textual form in order to be determined by Ruboss to be abusive speech.
The decision to invoke this policy and take action with respect to a User or person is entirely at the discretion of Ruboss.
3. Account Plans
Account plans are characterized by one or more particular sets of privileges and other characteristics (the “Plan” or “Plans”). These characteristics may include things like the Royalty Rate applied to the sale of a Product, or the number of Products an Author may create.
The terms of a Plan, the cost of the plan, payment by the User, the Plan’s Royalty Rate, and the number of products that may be created in associated with the Plan, are set at time of purchase and are subject to later change at the sole discretion of Ruboss.
Payment may be accepted for a Plan on a monthly basis (the “Monthly Plan” or “Monthly Plans”) or based on a single one-time charge (the “Flat Fee Plan” or “Flat Fee Plans”). See Section 11 below for details about making payments to Leanpub.
3.1 Country Restrictions on Recurring Plan Payment Terms
Some countries may not permit recurring monthly billing for things like our Account Plans. If your country does not permit monthly billing of this kind, then you may not open a Plan that requires recurring payments from you. However, you may still be permitted to create and publish Products on Leanpub by paying for a Plan with a Flat Fee.
3.2 Monthly Plans, the Free Trial Period and Plan Payment Details
Some Plans are paid for by the User on a monthly basis.
Currently, each paid monthly Plan begins with a free trial period (the “Free Trial Period” or “Free Trial Periods”).
During the Free Trial Period, Users will be able to use Leanpub to create a Product or Products. However, during the Free Trial Period, a Product associated with the Plan may not be published on Leanpub or in any way be made available for sale from Leanpub. This includes Products with a free Minimum Price.
A User may cancel a Plan during the Free Trial Period.
When a Free Trial for a Plan is activated, payment of the first monthly fee will be processed on the sooner of a) 15 days from the Free Trial’s activation or b) the publication on Leanpub of a Product associated with the Plan.
Upon receipt of this first payment, Products associated with the Plan may be made available for sale on Leanpub.
Subsequent charges for the Plan will be billed on a monthly basis, based on the date when the first payment was received.
3.3 Monthly Plan Cancellation and Last Payment Refund
A User may cancel a Monthly Plan at any time. Upon cancellation of a Monthly Plan, the last Plan payment will be refunded, and any Products associated with the Plan will be unpublished and no longer available for sale, free or otherwise, on Leanpub. This revokes access to any material the User may have created on Leanpub or uploaded to Leanpub, or anything else associated with the Plan.
After cancellation, royalty payments associated with the Plan at the time of cancellation will be made as usual, including the application of the 45-day refund policy on purchases amd the 45-Day Hold Period, until no more royalties are owed.
3.4 Flat Fee Plans and the 45-Day Refund Period
Leanpub offers Plans that you pay for once.
There is no Free Trial Period for these Flat Fee Plans. However, within 45 days of the purchase of a Flat Fee Plan, a User is entitled to request a refund for their purchase.
3.5 Plan Termination Due to Non-Receipt of Monthly Payment
If a scheduled Monthly Plan payment is not received by Ruboss, your Plan will be terminated. This means that any Products associated with the plan will no longer be available for sale on Leanpub and access to the Products using Leanpub will be revoked.
3.6 Free Plan Bonuses
If a User has been paid a certain total in royalties, they may be eligible for a free Monthly Plan. These free Monthly Plans will be made available at Leanpub’s discretion.
4.1 Third Party Advertisements
The Services may include advertisements, which may be targeted with respect to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Ruboss on the Services are subject to change without notice. In consideration for Ruboss granting you access to and use of the Services, you agree that Ruboss and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether that Content or information is submitted by you or others.
These advertisements may include, but are not limited to, advertisements for other Content uploaded by other users to Leanpub regardless of any negative impact this may have to you.
For example, if you write a book about cheese and publish it on the Site, Ruboss reserves the right to advertise other Leanpub books about cheese and also any cheese-related products or services on the pages of the Leanpub website used for your Product(s) and in the Services such as an online service facilitated by Leanpub where Users can interact with one another in a public format (the “Forum” or “Forums”) used for your book.
Ruboss disclaims all responsibility or liability for any losses or damages associated with or as a consequence of advertisements on the Site.
4.2 Free and Paid Placements and the Leanpub Advertising Program
Authors and Publishers may choose to advertise their Product or Products via free or paid Placements (including the “Free Placement,” “Free Placements,” “Paid Placement” and “Paid Placements”) that Leanpub may offer and arrange. This includes Placements purchased for display on The Shelf and any other such offering, and placements made via the opt-in Leanpub Advertising Program.
Authors and Publishers may choose to opt in to the Leanpub Advertising Program to boost awareness of their work by being featured in special locations reserved for the Leanpub Advertising Program such as the Site, mailing list emails, social media, or other external channels. The percentage of each sale allocated to a User eligible to receive royalties associated with the sale of a Product or Products on Leanpub (the “Royalty Rate”) for sales made through the Leanpub Advertising Program may vary depending on the terms of the specific Placement. Ruboss does not guarantee that opting in to the Advertising program will increase sales or awareness of any Product or other Content. Ruboss reserves the right to modify the Leanpub Advertising Program, and the terms of any Placement, Free or Paid, at any time and at its sole discretion. As a courtesy, any changes to this program will typically be communicated to the Users participating in a Placement.
The rules that govern the authority to make changes to a Placement, including its status, are the same as those that apply to the Primary Author of a Product. The Primary Author of a Placement may opt out of a Placement at any time. You must be the Primary Author of a Product in order to associate a Product with a Placement. For example, if you have purchased a space on The Shelf, you must be the Primary Author of a Book in order associate the Book with your space on The Shelf.
To be clear, if you have purchased a space on The Shelf and have been using it to advertise a Book of which you are the Primary Author, and your status with respect to the Book is changed such that you are no longer the Primary Author of the Book, the Book will no longer be associated with your Space on The Shelf.
Paid Placements are non-refundable. Placements are non-transferrable; for example, the Primary Author of a Placement may not transfer their status as Primary Author of the Placement to any other User or person.
A Product may only be displayed in association with a Placement if the Product is in a published Product State and is not under Embargo or any other restriction. If a Product that is involved in a Placement is not in a Published State, for example if a User or Leanpub changes the Product’s State to any State incompatible with participation in the Placement, then the Product will be removed from the Placement. Any payment received for the Placement will not be refunded.
Leanpub reserves the right to remove a Product from a Placement at any time at its sole discretion. For example, if Leanpub determines that a Product or Author is in violation of these Terms or any law, Leanpub reserves the right to remove that Product or all of that Author’s Products from any Placement.
Ruboss has sole discretion in determining all marketing and promotions within the Leanpub Site and Services and may, without limitation, market and promote any Content or Product, including Books, Bundles and Packages, by making portions of them available to prospective customers at no charge, or advertising a Product image (such as a Book cover image) in Leanpub advertisements throughout the Site or elsewhere, including for example in tweets on Twitter and in Facebooks posts.
Ruboss reserves the right to promote at no cost to Ruboss any Product or Products for sale on the Site in locations other than the Site, including physical promotions in physical locations, and locations online. This includes, for example, the use of the names and representations of the appearances, avatars or logos of any Author or Publisher, in addition to descriptions and representations of the Product or Products being marketed.
Ruboss has no obligation to market or promote any Content or Product, or to continue to market or promote any Product after it has begun doing so.
4.4 Review Copies and Desk Copies
At its sole discretion, Ruboss may distribute up to 100 copies per year of any Product available for sale on Leanpub for free to interested parties. There are three main use cases for this: (1) requests for a “desk copy” or “desk copies” of a Product from an academic or an academic institution, (2) free copies to customers for customer service reasons and (3) giveaways of a few copies of an ebook to meetup groups or user groups for promotional purposes. An Account Holder with ownership of a product may opt out of this arrangement on a per-Product basis by email to email@example.com.
As part of providing the Services, we may need to communicate to you certain information by email, such as service announcements and administrative messages. These communications are considered part of the Services and your Leanpub Account; therefore, you are not able to choose not to receive them. If you do not wish to receive such communications, you may need to initiate the termination of your Account, which you may do by notifying us via email at firstname.lastname@example.org.
6. Content Pricing Policy
The Leanpub purchasing model allows a User under some circumstances to choose the Purchase Price for a Product within the constraints set by an Author, Co-Author, or any other person with the authority to set the Product’s prices.
A Leanpub User who offers a Product for sale on Leanpub may choose two prices for each Product: a Suggested Price and a Minimum Price (“Variable Pricing”). The Minimum Price must be lower than or equal to the Suggested Price.
When they are purchasing a Product, the User then chooses the purchase price they wish to pay (the “Purchase Price” or “Purchase Prices”), within the constraints of this Variable Pricing model and other constraints set by Leanpub, such as the lowest price which an Author or Publisher may set for Content that is not $0.00 (the “Lowest Permitted Not Free Minimum Price”) and the highest price which may set as the sale price for a Product (the “Maximum Price”).
There are special rules for the sale of Bundles. For Bundles, only one price is set (the “Bundle Price”).
Authors, Co-Authors, Publishers and Universities all have the authority to set the price or prices of a Product. The price or prices may be changed by any Account Holder with the capability to do so at any time and for any reason by a User with the ability do toso within Leanpub.
6.1 Minimum Price Rules
The Minimum Price of a Product can either be free or not free.
There are special rules for books with a Minimum Price that is not free.
- If the Product is not available for purchase at a Minimum Price of $0.00 (that is, it is not a “Free Product”), the Minimum Price must be at least the Lowest Permitted Not Free Minimum Price.
- Currently, the Lowest Permitted Not Free Minimum Price is $4.99.
- Ruboss may raise or lower the Lowest Permitted Not Free Minimum Price at any time. If the Lowest Permitted Not Free Minimum Price is changed, all Products that are not Free Products, where the Product’s Minimum Price is lower than the new Lowest Permitted Not Free Minimum Price, will automatically have their Minimum Price changed to the new Lowest Permitted Not Free Minimum Price. For example, if a Book is for sale at a Minimum Price of $4.99, and we raise the Lowest Permitted Not Free Minimum Price to $5.99, the Book will then have a Minimum Price of $6.00.
6.2 Maximum Price
The current Maximum Price of any Product for sale on Leanpub is $500.00. This price is set by Ruboss and is not customizable by individual Account Holders. Special rules apply to Fan Fiction books, and any individual Product that is Fan Fiction, and any Bundle that includes a Fan Fiction Product, must have a Maximum Price of Free.
For bulk orders, consisting of the simultaneous purchase of multiple copies of the same Product, if the calculated Purchase Price exceeds the $500.00 Maximum Price, a private order can be made by contacting email@example.com. Private orders will be payable by wire transfer, subject to a possible fee, and will be non-refundable.
6.3 Purchasing Multiple Copies of a Product
Under some circumstances, Users may purchase multiple copies of a Product (the “Multiple Copy Purchase” or “Multiple Copy Purchases”). A Multiple Copy Purchase may be purchased in two ways:
1) By increasing the price of the Product to be the equivalent to the number of copies being purchased times a price chosen for a single copy of the Product by the User (the “Chosen Price”). The Chosen Price must be equal to or greater than the Minimum Price of the Product, and must be equal to or less than the Maximum Price. The purchaser may then distribute copies of the Product purchased equal to the multiple of the price chosen to purchase the equivalent of a single copy of the Product. Since Leanpub has no Digital Rights Management, these copies can be shared directly by the purchaser.
2) By using the shopping cart feature that permits the User to purchase a number of copies set by the User. In this case, after the purchase is completed, the User will be provided with the ability to distribute a purchase token (the “Purchase Token” or “Purchase Tokens”) for each copy purchased. Purchase Tokens may be sent via the purchaser’s Account to other people (the “Purchase Token Recipient” or “Purchase Token Recipients”) by using an email address for each Purchase Token Recipient. A Purchase Token may only be used once to redeem the purchase of a Product.
6.4 Packages and Extras
Packages and Extras are prohibited for the genres of Erotica and Fan Fiction. For more information, see Section 9.1.
Multiple Leanpub Products can be sold as Bundles. Bundles include two or more Products associated with one or more Account Holders. Royalties from the sale of the Bundles are split according to an agreed-upon formula by the Account Holders whose Products are included in the Bundle. Ruboss is not responsible for the any agreement between Users regarding Bundle pricing and royalty splits, or the process by which any agreement is reached or modified, and Ruboss is not liable for any real or perceived discrepancies, losses, or damages associated with the splitting of royalties between Account Holders.
The Bundle Price is equivalent to the Minimum Price set for the Bundle.
Bundles including work in the genres of Erotica and Fan Fiction are subject to further terms and conditions. See Section 9.1 for details.
Any Account Holder with the ability to set the Bundle Price may change the Bundle Price at any time and for any reason.
If the State of one or more of the Products in a Bundle is Unpublished, Deleted, or a Product in a Bundle is otherwise not for sale on Leanpub, then the entire Bundle will be removed for sale from the Leanpub.
Ruboss is not responsible for any consequence to a User related to the use of a Course. For example, if a User fails a Course due to a mistake on the part of a Course Author with the ability to edit or create a Course, Ruboss is not responsible for any consequence to the User. This includes, for example, failure to meet an employer’s requirement to successfully complete the Course.
6.6.1 Special Rules for Returns of Courses
Under certain circumstances, Courses may not be returned for a refund even if the normal 45-day period for requesting a return has not expired. These special circumstances exist because of the unique nature of Courses and the reasons people take them, and Leanpub’s intention to keep the situation fair for Course Authors.
Circumstances which preclude the return of a Course within 45 days of purchase include the following:
- Cases where the learner has failed the last or sole course attempt
- Cases where the learner has generated a certificate
Courses provided by Universities which partner with Leanpub may have additional terms here.
Authors may issue links or internet addresses for their Leanpub Products to offer them for sale at a different price from those displayed as the Minimum Price and the Suggested Price (the “Coupon” or “Coupons”). Coupons may be subject to various constraints, including but not limited to Start Dates, End Dates, and Maximum Uses. A Coupon is redeemable only for the Product for which it is created.
Account Holders with the appropriate level of access can create Coupons, for example, to offer a Book or Package for sale at a price lower than the Minimum Price. Coupons have no cash value. Coupons are non-transferable, and may not be sold.
When a coupon is made, a URL is created that any User may visit in order to purchase the Product for the price set by the Coupon. Ruboss is not responsible for the misuse of a Coupon or Coupons, for example, in the case where a User gives a Coupon link to another User to whom the Author did not intend to offer the Coupon.
7. Supported Formats
The Services may be used to create Content and Products, including but not limited to Books and Courses (the “Leanpub Workflow”). This activity is distinguished, for example, from using Leanpub to upload an ebook file created without the use of the Services.
A User may use the Leanpub Workflow to generate a Book in the PDF, EPUB, MOBI, and LPUB formats, as well as an HTML version.
Leanpub books may be written using Leanpub-Flavoured Markdown, a custom specification on how to write documents (i.e. books) by using a plain text format, which is a variant of Markdown, and is intended for the creation of books.
As part of the Leanpub Workflow, Users may also create Products, including Books and Courses, using Markua, a unique specification for creating documents and other forms of content using a plain text format.
For a Book to be viewable in the in-browser reader and the Leanpub iOS App or Android App, the Book must be generated in the Leanpub Workflow.
Currently, the LPUB file format is a subset of EPUB. This is subject to change at any time at the sole discretion of Ruboss.
Account Holders with the appropriate access may also upload a PDF and/or an EPUB and/or a MOBI file for sale on the Leanpub Bookstore. The available formats are clearly represented on each Book’s landing page. Users are responsible for ensuring the Book they buy is compatible with their programs and devices.
In general, Leanpub does not guarantee that any file available for purchase on Leanpub will be compatible with any programs, devices, or versions of the Site, Services, or Applications.
Users may utilize the Leanpub 45-day Happiness Guarantee to refund any purchase they have made that is not compatible with their program, device, or version of the Site, Services, or Applications.
7.2 Leanpub iOS App Formats
The Leanpub iOS App supports LPUB files which have been generated via the Leanpub Workflow.
The Leanpub iOS App does not support reading any files which have been uploaded to Leanpub, regardless of the file format. For clarity, this is true regardless of whether the format of a file that is uploaded to Leanpub is a PDF, EPUB, MOBI, or LPUB file.
7.3 Leanpub Android App Formats
The Leanpub Android App supports LPUB files which have been generated via the Leanpub Workflow.
The Leanpub Android App does not support reading any files which have been uploaded to Leanpub, regardless of the file format. For clarity, this is true regardless of whether the format of a file that is uploaded to Leanpub is a PDF, EPUB, MOBI, or LPUB file.
7.4 Leanpub Web Viewing Formats
The Leanpub Web Viewer (the “Web Viewer”), which allows Books to be read using desktop and mobile internet browsers, supports LPUB files which have been generated by and published on Leanpub only.
The Web Viewer does not support reading any files which have been uploaded to Leanpub, regardless of the file format. The only way to make a file available for reading in the Web Viewer is to generate and publish it using the Leanpub Workflow. For clarity, this is true regardless of whether the format of the file being uploaded is a PDF, EPUB, MOBI, or LPUB file.
8. Copyright, Creative Commons and Public Domain Policies
To ensure that Leanpub remains focused on its mission, and does not degenerate into a sideshow, we have a number of harsh-sounding policies.
VIOLATING ANY OF THE POLICIES IN THIS SECTION WILL RESULT IN ACCOUNT SUSPENSION OR DELETION (INCLUDING ALL OF THE ACCOUNT HOLDER’S PRODUCTS) AT OUR SOLE DISCRETION, WITHOUT ANY NOTICE REQUIRED.
8.1 Copyright Holders Only
The Author or Authors of a Leanpub Product must be the original author or authors of the Product. Leanpub is not for selling work that you did not create.
8.2 Standard Copyright License
Leanpub Authors and/or Publishers and/or Universities own the copyright to their work. Leanpub does not own the copyright to Products or any other Content created and/or sold on Leanpub. By default, Leanpub books are published under a standard copyright license, belonging to the Author or Authors and/or Publisher or Publishers and/or University or Universities.
8.3 Creative Commons Policy
Leanpub also provides an easy mechanism for Users to choose to publish their copyrighted works under one of a number of Creative Commons Licenses as an alternative to the standard copyright license.
However, you are ONLY allowed to publish a Creative Commons Product on Leanpub if YOU are the copyright owner(s) for that Product. You cannot publish Creative Commons Products that you do not own the copyright to, even if the Creative Commons license permits it elsewhere.
Ironically, one reason we are doing this is actually to support the Creative Commons process for in-progress Products. If there is an explosion of identical or similar copies of in-progress or completed Creative Commons works on Leanpub, it potentially harms the ability of the original author(s) to both profit from their work and to get feedback, as the question of which is the canonical work is made more obscure.
8.4 Public Domain Book Publishing Policy
Leanpub only allows the sale of Public Domain Products that are significantly differentiated from the original, or other versions of the Public Domain Product. For a Product to be considered significantly differentiated it must, for example, either be a unique translation of an original book, include relevant unique illustrations to which, for example, the Author or Publisher owns the copyright, or contain annotations. Annotations must be unique contributions made by the User or Users wishing to sell the Product on Leanpub. Unique contributions include, but are not limited to, essay introductions, study guides, or literary or historical critiques. All annotations must be the original work of the User wishing to sell the Book on Leanpub.
Leanpub reserves the right to refuse any Public Domain content that it does not deem to include significantly differentiated content.
Public Domain Products must include an indication in the Product title to that effect, such as “Translated”, “Annotated” or “Illustrated”.
8.5 Copyright Infringement is STRICTLY FORBIDDEN
If we determine that ANY of the content in a Product does or may infringe upon the copyright of others, we will remedy this by stopping the sale of the Product and possibly deleting the offending Book or Package. We may also suspend or delete any Leanpub account, including all Products associated with it, if, at Ruboss’s sole discretion, we feel that the perceived offence warrants it.
Ruboss also reserves the right to withhold revenue and to refund all refundable purchases of all of a User’s products if Ruboss, at its sole discretion, determines there to have been a violation of these Terms associated with the User’s account.
8.6 Account Holders Authorize Ruboss to Send DMCA Takedown Notices on Your Behalf
Leanpub Account Holders hereby appoint Ruboss as a DMCA copyright representative, and authorize us to send DMCA Takedown notices on their behalf, for as long as their Product is available for sale on the Leanpub Bookstore. This does not constitute a promise, commitment or requirement to send DMCA Takedown notices under any circumstances. Ruboss reserves the option to do so with the intention of addressing particularly egregious violations of copyright.
9. Content Policy
All Content, whether publicly posted in Forums, published in Books, Bundles, Extras and/or Packages or Course sold on Leanpub, or privately transmitted between Users of Leanpub, is the sole responsibility of the person or persons who originated such content.
Leanpub may not monitor or control any or all of the Content posted via the Services and takes no responsibility for any such Content. Any use or reliance of any Content or materials posted via the Services, or obtained though the Services, is done at the User’s own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Product or communication posted or sold via the Services. Nor do we endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Under no circumstances will Ruboss be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcasted elsewhere.
By uploading Content to the Site, and by using the Services, you represent and warrant that the Content:
- Is owned by you or, to the extent that it is owned by someone else, that you have permission from the owner to provide the Content to Leanpub for use as described above and, in either case, that the Content does not contain any personally identifiable information about any individual (“Personal Information”) other than yourself;
- Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- Does not invade any person’s right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, extremely pornographic, hate speech, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including but not limited to Personal Information);
- Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation, rule or policy, of any applicable jurisdiction;
- Does not offer to disseminate fraudulent goods, services, schemes, or promotions; and
- To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person.
The person who creates and/or uploads the Content, or to whom control of the Content is transferred in the case that the identity of the Account Holder is transferred from one person to another, is entirely responsible for the Content. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Ruboss responsible for any damage to, corruption or destruction of the Content. In addition, Ruboss is not responsible for backing up or archiving the Content.
While Leanpub does offer a Versions feature that is meant to provide Authors with a means to record changes to their work as they write, Authors should not rely on this feature as a backup. Ruboss reserves the right to discontinue this feature, or any other feature, at any time. If any Content transmitted to Leanpub is damaged, lost or corrupted in any way, Ruboss will have no obligation or liability to you.
As a User of the Services, you agree:
- Not to post any Content that would violate these Terms;
- Not use the Services to harm anyone, including but not limited to Minors, in any way;
- Not to use “spam,” “blast-faxes,” or recorded telephone messages to market or sell Content or any other product or service;
- Not to interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
- Not to employ a robot, spider or other process or device to harvest e-mail addresses or other user information or to monitor the activity on the Site;
- Not to impersonate another person or entity or forge any e-mail communication or message; and
- Not to use Leanpub to sell physical goods. This includes, but is not limited to, offering codes or coupons to customers that they may redeem for physical goods. To be clear, you may only use Leanpub to sell digital goods.
As an Author and/or Publisher of any Content that you contribute to and sell or promote via the Site, you agree that any Content made available for sale through the Site will only be provided to Users pursuant to the agreement contained in Section 10 (“Rights to Content Posted on the Site”).
In addition to complying with all the above restrictions on conduct and Content, you are responsible for adhering to all local and national laws of the jurisdiction in which you are located.
IF RUBOSS BECOMES AWARE THAT A USER HAS CREATED OR UPLOADED CONTENT THAT VIOLATES THESE TERMS OR OTHER LEANPUB POLICIES, IT MAY TAKE ONE OR MORE OF THE FOLLOWING ACTIONS, OR ANY OTHER ACTION DEEMED BY RUBOSS TO BE APPROPRIATE, BASED ON THE NATURE SEVERITY OF THE VIOLATION:
- DELETION OF THE BOOK, BUNDLE, EXTRA, OR PACKAGE AND ASSOCIATED MATERIAL;
- DELETION OF ANY OTHER BOOK, BUNDLE, EXTRA, OR PACKAGE AND ASSOCIATED MATERIAL THAT IS ASSOCIATED WITH THE USER;
- DISABLING OF THE USER’S ACCESS TO THEIR LEANPUB ACCOUNT;
- REPORTING THE USER TO LAW ENFORCEMENT AUTHORITIES;
- REFUNDING ALL REFUNDABLE PURCHASES OF ANY OR ALL OF THE ACCOUNT HOLDER’S BOOKS; AND
- REFUNDING ALL REFUNDABLE PURCHASES OF LEANPUB BOOKS, BUNDLES OR PACKAGES ASSOCIATED WITH THE ACCOUNT.
Ruboss, at its sole discretion, reserves the right to refuse publication on the Site of any Content or to remove any and all Content that Ruboss determines to be inappropriate, illegal, offensive, potentially or actually harmful in any respect, that negatively affects Site operations or the Leanpub brand, or that misrepresents the nature of the Content, its current state of completeness, its plan for development.
Ruboss reserves the right to remove any Content or Product and suspend or delete any account that has apparently been abandoned in an incomplete state. This includes the right to appropriate a URL that a User has associated with a Product. For example, if you create a book and assign it a generic URL such as leanpub.com/computers, and you do not publish a Product, we may appropriate the URL and assign you a new one. This is to prevent Users from “squatting” on potentially valuable URLs.
At our discretion, we may remove Content and/or ban Users deemed to be suspicious and Users we deem to have violated or probably violated our policies with respect to the Site or Services. We reserve the right to amend our policies from time to time at our sole discretion, without notice.
If you believe any materials in the Site infringe your copyright, you should notify Ruboss of your copyright infringement claim and at our discretion Ruboss will take appropriate action in accordance with our Copyright Take Down Policy, which governs how we respond to claims of copyright infringement. The Copyright Take Down Policy can be found here. Accepting these Terms constitutes acceptance of the Copyright Take Down Policy.
9.1 Fan Fiction and Erotica
There are additional rules and features for certain types of Content. In particular, special rules and restrictions apply to books categorized as Erotica or Fan Fiction.
9.1.1 Identification and Age Verification
Fan Fiction books must be identified as such, and must also identify the original work(s) upon which they are based. If the creator or copyright holder of the original work objects to a derivative work of Fan Fiction, we reserve the right to unpublish or otherwise take down the books in question.
Books categorized as Fan Fiction will appear in their own category lists and will not appear in the main Leanpub bestseller lists, or first published list. Based on the assumption that much of Fan Fiction is also Erotica, Fan Fiction category will also be kept behind an age verification form in order to prevent inadvertent access to Minors.
Books containing mature or erotic materials must be categorized as Erotica. Books categorized as Erotica will appear in their own category lists and will not appear in the main Leanpub bestseller lists, or first published list. The Erotica category will be kept behind an age verification form, in order to prevent access to Minors.
9.1.2 Fan Fiction Pricing
Fan Fiction books are always Free. This does not mean that Fan Fiction books will have a $0.00 Minimum Price and a $0.00 Suggested Price: Leanpub does not allow Users to pay any price for Fan Fiction. This is because a work of Fan Fiction is usually considered a derivative work, so for the protection of the author and of Leanpub we insist that Fan Fiction is always given away, not sold.
Ruboss reserves the right, but is not required to, refund any purchases of a Product for a price great than $0.00 (the “Paid Purchase” or “Paid Purchases”) of Fan Fiction at the Author’s and/or Publisher’s expense.
Erotica books that are not also Fan Fiction will be subject to the standard Leanpub Pricing Policies.
9.1.3 Packages Including Erotica and/or Fan Fiction
Packages including Fan Fiction or Erotic materials are prohibited. Authors may not add Extras to Books in the Fan Fiction or Erotica genre. This includes, but is not limited to, a prohibition on video, audio, artwork, or other digital Extras. Any Packages that include Extras deemed to include Fan Fiction, Erotica or Content that is in any way inappropriate will be removed at Ruboss’ sole discretion, and further actions may be taken in accordance with Sections 8 and 13 of this Terms of Service. While Leanpub approves of the creation and distribution of Fan Fiction and Erotica, Packages and Extras are prohibited in order to protect the authors, artists, other copyright holders of the original works, and to lessen the potential for copyright, trademark, or other legal issues associated with Extras and Packages in these genres.
9.1.4 Bundles Including Erotica and/or Fan Fiction
If any Product in a Bundle is categorized as Erotica, the entire Bundle will be categorized as Erotica. Non-Erotica books that are included in Erotica Bundles will only be subject to restrictions and Age Verifications in association with the Bundle; this will not impact the non-Erotica Book on a stand-alone basis. Bundles that include Products from the Erotica genre will only appear in the Erotica categories, and will be subject to Age Verification.
Works under the genre of Fan Fiction can be bundled with other Fan Fiction books or books in other genres; however, the Bundle Price for any Bundle that includes Fan Fiction must be Free. Any Bundle that includes work under the genre of Fan Fiction will be Free, even if other works in the bundle have a Minimum Price that is Not Free.
Books categorized as Fan Fiction or Erotica cannot contain any images in the book manuscripts themselves. Our book generator will ignore any image tags in the body of a Fan Fiction or Erotica manuscript. (This is to ensure that none of the images are copyrighted and not eligible for publication or are pornographic in nature.) If Authors or Publishers attempt to include images in the manuscript, the image will automatically be removed from the book being generated. The only image allowed in a book categorized as Fan Fiction of Erotica is the cover image (the “Book Cover”). As with all Leanpub Books, Fan Fiction and Erotica Authors and/or Publishers must own the copyright to the image used as the Book Cover, and this image must be PG13, and must not be mature or erotic in nature.
In order to prevent Authors and Publishers from including images in books they upload directly, books in the categories of Erotica and Fan Fiction will only be accepted if they are generated via the Leanpub book generator.
Ruboss reserves the right, but is not required to, remove any Content that violates these terms for Erotica and Fan Fiction, and may take further action at its sole discretion.
9.1.6 Prohibited Content
While Leanpub supports free speech and artistic expression, it in no way condones pornographic photographs or movies, hard-core material that depicts graphic sexual acts, or any erotic material about, or including, Minors in any way. Leanpub is strongly against child pornography and STRICTLY PROHIBITS any erotic stories that include characters who are Minors.
Other offensive materials, including but not limited to, crime scene pictures or videos, pictures or videos depicting animal cruelty, or other disturbing materials are not to be uploaded or made available via the Site or Services, sold, or given away using the Site or Services.
Ruboss reserves the right, but is not required to, remove any content deemed inappropriate and take any further actions it deems appropriate against the Author(s) or Publisher(s) of the relevant Content. Ruboss understands that what may be acceptable in one country or society may not be in another, and it implores its Users to consider the global community when publishing Content. However, Ruboss reserves the right to determine what Content is appropriate to be sold on the Leanpub Site.
10. Rights to Content Posted on the Site
10.1 Ruboss Property
Ruboss is the owner of all intellectual property rights, including but not limited to all copyrights, patents, and trademarks, associated with Leanpub, the Site and the Services, with all rights reserved. This is exclusive of Content provided by third parties, including but not limited to Content which is owned by the licensors of such Content. Ruboss owns the design, format and layout of the Site. Ruboss authorizes users of the Site to use the Site and to copy materials posted to the Site (unless otherwise available for purchase) strictly for their own personal, non-commercial use, provided they maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Such authorization from Ruboss does not extend to use of the design, format, or layout of the Site, which may be further protected under applicable trade dress, trademarks, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from the Site. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Ruboss grants no other rights, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The Leanpub logo and the names of all Leanpub products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Ruboss and all rights are reserved therein by Ruboss.
10.2 Unsolicited Idea Submission Policy
While Leanpub loves feedback from Authors, Publishers and other Users on how to improve the Site and Services, it will not compensate those who submit solicited or unsolicited ideas to Leanpub or Ruboss. To prevent any confusion or misunderstanding when new ideas are implemented onto the Site or Services, any submissions of ideas, including but not limited to ideas for advertisements, promotions, or ways to improve the user experience of Leanpub will become the property of Ruboss. While Ruboss reserves the right to use any materials or ideas submitted, it is not obliged to do so.
Payment for ideas or submissions to Ruboss will only be made if a private agreement was made between the parties in advance of the idea submission.
Any feedback can be forwarded to firstname.lastname@example.org.
10.3 License Grant to Leanpub
You retain your rights to any Content you submit, post or display on or through the Site or Services. However, by submitting, posting or displaying Content on or through the site or Services you grant us certain rights. These rights differ based on the type of Content. For Content contained in a Product sold or given away on Leanpub, you grant us a fully transferable, fully sub-licensable, non-exclusive license to copy, reproduce, print, publish, distribute and otherwise use the Content in conjunction with the Services worldwide, for as long as that Product is sold or given away on Leanpub. For all other types of Content you post on Leanpub, such as comments posted on the Leanpub Forums, you grant us a fully transferable, fully sub-licensable, irrevocable, non-exclusive license to copy, reproduce, print, publish, create derivate works of, distribute, translate, and otherwise use the Content in conjunction with the Site and Services, and any works derived from the Licensee’s Work in all media, in perpetuity, worldwide.
10.4 Permissions Agreement (“Permissions Agreement”) for Content Posted in the Forums
Posting on the Forums automatically invokes the following Permission Agreement:
The User making the Forum post (the “Licensor”) and the Author or Authors, and/or Publisher or Publishers, and/or University or Universities associated with a Product or Products (the “Licensee”) hereby enter into this Permissions Agreement regarding the use of selected materials from the Licensor’s Product or Products, if any (the “Licensor’s Work”):
- Licensed Materials: This Permissions Agreement applies to information posted in Forums for the Licensee’s Work, including but not limited to any text, source code or accompanying explanations (the “Licensed Materials”).
- License: The Licensor hereby grants the Licensee’s successors, assigns, and sublicenses, an irrevocable, non-exclusive license to copy, reproduce, print, publish, make derivate works of, distribute, translate, and otherwise use the Licensed Materials in the Licensee’s Work, and any works derived from the Licensee’s Work in all media, in perpetuity, and worldwide.
- Use of Licensed Materials: The Licensee may edit the Licensed Materials as the Licensee sees fit. The Licensee may, at the Licensee’s sole discretion, provide appropriate credit for the use of the Licensor’s Work, in the manner and style in which the Licensee generally conveys such information. The Licensee shall have no obligation to use the Licensed Materials in the Licensee’s Work.
- Compensation: The intangible benefit of having participated in the Forum constitutes full compensation for the use of the Licensor’s Work.
- Warranties and Indemnity: The Licensor warrants to the Licensee that the Licensor owns and controls the rights licensed in this Permissions Agreement, and agrees to indemnify and defend the Licensee from any claim, loss or liability arising from a breach of the foregoing warranty.
10.5 Licence Grant to a Purchaser of Products
Since Leanpub Products, including ebooks, are typically PDFs or some other digital format, they are intangibles and you can’t own your own copy in the same way you can own a paper book. The rights you receive in and to a Leanpub Product and its content come directly from the Product’s Author or Authors, and/or Publisher or Publishers, and/or University or Universities. For example, the ebook copy itself is provided to you in the form of a license only. All of the content of the Book is subject to copyright and other laws just like any print book. Without restricting the application of the Author’s and/or Publisher’s rights available under copyright or other intellectual property or other property laws, or available at common law, the copyright owner(s) of each Product you purchase via Leanpub grants you, subject to your compliance with these Terms, the following license:
- You may download and save the Product onto any device that supports the format of the Product for your personal, non-commercial use;
- You may transfer the Product from device to device;
- You may not store any copies of the Product on publicly accessible servers, including FTP or HTTP servers (“web servers”);
- Your license to the Product is not transferable;
- You may NOT sell the Product and transfer the Rights associated with the Product;
- Furthermore, if this non-transferability clause is forbidden by the local or national laws of the jurisdiction in which you are located, you may not purchase a licence from Leanpub;
- You may make a reasonable number of archival copies of your Product; and
Otherwise, your use and enjoyment of the content of your Product will be as permitted by applicable law, including but not limited to copyright law. Your rights to the Product as set out in these Terms shall remain in force for so long as you comply with these Terms and for so long as your retain a copy of your Product.
We take copyright issues extremely seriously. Since some of us are authors ourselves, we know how it feels to have Content you have spent countless evenings and weekends writing “shared” on torrent sites. Please do not do this. If you “share” a book that someone has self-published, you are not ripping off some mega-corporation, you are ripping of a real person and you are violating the legal rights of the copyright holder. (This is especially true of Leanpub books, where most of the revenue usually goes directly to the authors).
Leanpub Products are made available to Users via clickable download links (the “Download Link” or “Download Links”) or accessible URLs that give the User the ability to download or view the associated digital file. Download Links are made available to Users in various ways, including in an email or emails sent to the email address associated with the related Product purchase, and in the User’s Leanpub Account. Ruboss is not responsible for any unauthorized sharing or display of the Download Links, and there are no special protections applied to Download Links.
10.6 Special Terms for Organizational Purchasers of Products
If you are purchasing a Product on behalf of an organization through which you intend to make the Product available to multiple readers:
- Your organization and each individual who is given access to, or a copy of, the Product, are subject to the same terms and conditions as individual purchasers of Leanpub Products; and
- You should buy a copy of the Product for the maximum number of team members you expect to be using the Product at any given time.
10.7 Special Terms for Library Purchasers of Ebooks
Since Leanpub’s focus is on the writing, publishing and selling of in-progress Books and Packages, library purchases represent a potential problem for Leanpub Authors and Publishers. Furthermore, both libraries and authors often have their own opinions about how Product sales to libraries should work.
As such, if you wish to purchase a Product on behalf of a library, you must contact the User or Users to whom the Product belongs directly, in order to arrange the purchase. Since Authors and Publishers own their copyright, this can be arranged separately from Leanpub.
11. Payment Terms
11.1 Payments to Leanpub for Content and Services
In order to purchase Content, Services, Products or tools on or through the Site or Services, a User must either possess a PayPal account or a credit card or another form of payment that is accepted by PayPal.
All payments are made in USD.
Ruboss is not liable for any payment issues associated with PayPal, including but not limited to issues that prevent us from depositing royalties into a PayPal account, or if a jurisdiction blocks any or all of PayPal’s services.
Since Ruboss uses PayPal for all payments, Users residing in jurisdictions that do not support PayPal will be unable to pay for Content for sale by Leanpub or receive royalty payments from Leanpub. It is the User’s sole responsibility to ensure their PayPal account is accurate and up to date in order to complete purchases and receive royalty payments or do anything else involving PayPal, including, for example, receiving a refund.
11.2 Payments from Leanpub for Author Royalties
By default, royalties will be paid monthly by PayPal. If you would like to arrange for payment via wire transfer, there are special conditions regarding royalty arrangements. Please see section 11.6 “Optional Royalty Payment via Wire Transfer Arrangement” below for the details.
If no separate PayPal email account has been added to a User’s Account information on Leanpub, then Leanpub will attempt to send a payment via PayPal to the Leanpub User email address associated with the Account.
Leanpub will attempt to automatically pay the PayPal transaction fees for royalty payments. However, in some cases, this option may not be available. In such cases, the author must pay the transaction fee for the royalty payment. Unfortunately, we are unable to guarantee in advance that Leanpub will be able to automatically pay the PayPal transaction fee.
The minimum monthly payout is configurable by Users to whom royalties are allocated, and can be set to a dollar amount from $1.00 to $1,000.
If a User can not be paid using the mass payment process that lets Leanpub automatically pay the PayPal transaction fees for royalty payments, the minimum royalty payment that we will make is $40.00. To be clear, the minimum royalty payment amount for payments that Leanpub must process manually is $40.00.
If Ruboss owes a User less than $40.00 in royalties for purchases whose Royalty Hold Period has elapsed, it reserves the right, at its discretion, to roll the royalty amount forward to the following month, until an amount of $40.00 is reached.
For any Product with more than one Author, the royalties for any Product that is not administered by a Publisher will be split between the Co-Authors, and any other parties eligible to receive royalties associated with the Product, based on the percentages specified in the administrative interface for the book (the “Multliple Author Royalty Split”), or upon a request to Leanpub from the Primary Author to change the Multliple Author Royalty Split.
Royalties will be paid monthly by PayPal only. Any changes made to the royalty structure are not retroactive. All changes made to the royalty structure will take affect when the change is made. All PayPal payments are made in US Dollars.
All Leanpub Products have a 45-day return policy (see Section 11, Returns). Note that special rules may apply to specific products given their unique nature, such as Courses.
Since every Leanpub Product purchase (which does not include the purchase of an advertisement or advertisements) can be refunded in the first 45 days after the purchase is made, we hold the royalties owing from a purchase for a period of time (the “Royalty Hold Period”) before making the royalties from that purchase part of the monthly PayPal payout.
The Royalty Hold Period is equal to the number of days after each Paid Purchase during which the associated Royalties owed to the User are held by Leanpub and not released for payment to the relevant recipient of the Royalties. The primary purposes for the Royalty Hold Period are to allow for the recalculation of Royalties owed due to refunds and fraud. The Royalty Hold Period is at least 45 days by default to match the length of our return policy.
Royalties that have been allocated to a User will be subtracted if the purchase upon which the royalty allocation was based is later subject to a return.
Ruboss reserves the right, at its discretion, to shorten the Royalty Hold Period to fewer than 45 days for any Product or User. Shortening the Royalty Hold Period does not constitute a waiver, and Ruboss reserves the right to change the Royalty Hold Period back to the standard at any time without notice.
Every month, we pay royalties on the outstanding purchases whose Royalty Hold Period has elapsed. We typically pay these royalties in the first few business days of the month. Our intention is that royalties will be paid no later than 25 days following the end of the calendar month, after the Royalty Hold Period of 45 days for a purchase has elapsed.
The Royalty Rate applied at the time of the sale of a Product will be determined according to the Plan associated with the Product.
Ruboss reserves the right to enforce a Minimum Price and Maximum Price on the sale of a Leanpub Product (see Section 6, “Content Pricing Policy”).
Where multiple Users receive royalties from a single Product, Leanpub will make separate payments to each User, based on the percentages specified in the administrative interface by the Primary Author, or as set by Leanpub at the Primary Author’s request.
If a User’s Account is inactive or is terminated and Ruboss is unable to contact a User by using the contact information provided in the User’s Account, it may also, at its discretion, charge a termination fee equal to the amount of the User’s unpaid royalties to cover administrative costs.
If this section seems complicated, don’t worry: on your Sales page we have a Royalty Summary table which shows the Product royalties currently due, unpaid Product royalties, and other information.
11.3 Using Royalties for Purchases and Pre-Tax Discounts
Royalties owing to a User may be used for pre-tax discounts on, or purchases of, non-refundable Placements. To be clear, this form of purchase excludes royalties that have already been paid to the User. At the time a pre-tax discount or purchase of this kind is made, the amount of royalties owing to the User will be reduced by an amount equivalent to the discount or purchase, including any applicable taxes.
Despite our generous return policy, sometimes customers use chargebacks. A chargeback is typically where a customer contacts their credit card company and disputes a charge made on their account.
Leanpub almost never contests chargeback claims, since this is a battle we almost always lose.
In the case that a purchase is later associated with a chargeback, the funds associated with the purchase are returned to the customer, and Leanpub deducts the related royalty payment from the calculation of royalties owing to the relevant User (the “Chargeback-Related Royalty Calculation Adjustment”).
In the case that a User has received a royalty payment related to a purchase that is later subject to a chargeback claim (the “Chargeback-Related Royalty Payment”), Leanpub reserves the right to deduct an amount equivalent to the Chargeback-Related Royalty Payment from the User’s future royalty payments (the “Chargeback-Related Royalty Deduction”).
Ruboss reserves the right to stop all further purchases from, and terminate, any Account associated with the abuse our Happiness Guarantee, including the use of chargebacks. See Section 14, “Terminating Membership and/or Removing Content”, for more details.
11.5 Payment For Services
A User wishing to write or publish a Product or Products on Leanpub may subject to a payment of a fee in order to do so (the “Product Creation Purchase” or “Product Creation Purchase”). This fee may take the form of a one-time payment, or it may take the form of multiple periodic payments, including monthly payments, as set out in Section 3, “Account Plans”.
Each Product Creation Purchase is subject to our 45-Day Happiness Guarantee.
Use of the Site or Services in association with a mobile device or a limited internet service is subject to the service provider’s normal rates and fees, such as internet or telephone provider data charges. Ruboss will not be held liable for any associated charges incurred by using our Send to Kindle feature or any other Service.
The basic use of the Leanpub Site and Services, excluding the purchase of non-free Products and Product Creation Purchases, is offered free of charge for all users. However, please note that use of the Site or Services in association with a mobile device or a limited internet service is subject to the service provider’s normal rates and fees, such as internet or telephone provider data charges. Ruboss will not be held liable for any associated charges incurred by using our Send to Kindle or any other Leanpub Service.
11.6 Optional Royalty Payment via Wire Transfer Arrangement
We will consider requests to receive royalty payments via wire transfer (the “Wire Transfer Arrangement”) on a case-by-case basis.
A User’s participation in a Wire Transfer Arrangement is at Leanpub’s discretion and may be discontinued at any time. We are bound to comply with all applicable regulations and some individuals may be excluded from entering into or continuing a Wire Transfer Arrangment. This may include the exclusion of Users from particular countries or in particular circumstances. This service may not be used to circumvent laws, regulations or obligations of any kind.
The following special conditions will apply to a Wire Transfer Arrangement:
- To cover transaction costs, administrative costs and any other costs to Ruboss associated with wire transfers, we will apply a fee of 5% plus $50 to each wire transfer. For example, if your pre-fee royalty payment is calculated to be $1,000, we will apply a 5% fee of $50 and the $50 fee, so the wire transfer amount will be $900.
- The User is responsible for paying any extra fees that are applied to the transaction on their end (for example, any extra fees applied for currency conversion by the receiving financial institution) and any other fees that are applied to them as a condition of receiving each wire transfer.
- We will make wire transfer payments to the User a maximum of once per quarter. These payments will be scheduled, and the schedule is subject to change at Leanpub’s sole discretion.
- The minimum pre-fee amount eligible for a wire transfer payment is $1,000. We will not send wire transfers for royalties payments that are lower than this minimum amount.
- To receive a royalty payment via wire transfer, the User’s royalty rate for all the User’s Leanpub Products (that is, all the Products from which they receive royalties) must be set to the 80% royalty rate. If a User’s Products are set to a different “grandfathered” royalty rate, the User must opt each Product in to the new 80% royalty rate.
We are proud of our return policy. We consider it a core Leanpub value.
**Ruboss is proud to offer all Users who purchase Leanpub Products “The Leanpub Happiness Guarantee” (the “Happiness Guarantee”). Within 45 days of a purchase you can get a %100 refund on any Leanpub purchase, unless we determine that you are or have been abusing the refund policy. (There is an exception, where a Course may no longer be available for a refund, even if 45 days have not elapsed; see Section 6.6.1). This is an honour system: there is no DRM or anti-circumvention or other copy-control system used on the purchase of any downloadable Leanpub Product. We believe that if we take the risk out of purchasing we will improve User happiness, which should lead to more readers and thus more author happiness.
Abuse of the Happiness Guarantee leads to author unhappiness, so it will not be tolerated. Abusing the Happiness Guarantee means doing things like buying three bundles of six books and then immediately requesting refunds on all of them, or continually buying books, reading them, and requesting returns each time. This, and similar obviously exploitative behaviour, goes against the spirit of the Happiness Guarantee. If we determine that a User is abusing the Happiness Guarantee we reserve the right to not issue to them any more refunds. If necessary, we will also inform PayPal of the situation, and provide them with whatever information is required to determine whether we are being unfair or not in our decision. Ruboss also reserves the right to terminate accounts, block future purchases, and remove content from Users who are deemed to have abused or potentially abused the Happiness Guarantee.
Disputes of these matters can be directed to email@example.com.
13. User Registration and Information
You must ensure that you have correctly completed the information in the user registration form on the Site (the “User Information”). In the event that any part of your User Information changes, please ensure to promptly update your User Information on the Site. It is your responsibility to keep all of your User Information on the Site current.
You will have the opportunity to select a username and password on the user registration form. You are solely responsible in all respects for a) all use of the Site made using your username and password, including monitoring the use of Minors accessing your account, and b) maintaining the confidentiality of your password. We encourage you to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. Ruboss cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Only one individual may access the Site at the same time using the same username and password. You agree to notify Ruboss immediately of any unauthorized use of your email address, username or password, or of any other security beach regarding the Site or Services of which you are aware. Ruboss may refuse to grant you a username or password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
13.1 User Profile Policy
You are responsible for all information provided to, or posted on the Services. You must ensure that all information you provide in connection with your Leanpub account, such as your name, email address, photo, and other information, is accurate and up-to-date. You may maintain only one account at a time. If for any reason your account is disabled, you may not create another account without our permission.
Leanpub allows you to upload a photo of yourself to your profile to better identify yourself, find new friends and opportunities in the Leanpub system, and to help Authors create a brand around their work.
Users are not to misrepresent themselves, imitate others, or post photos that include a Minor or Minors. A User is not permitted to use as a profile photo a photo of a person who is not the User. Authors writing under a pseudonym, who do not wish to display their identities, may not upload a photo of another person, but may, for example, upload an image of an inanimate object, or a disguised image to represent themselves.
14. Terminating Membership and/or Removing Content
These Terms are effective until terminated. Ruboss may terminate or suspend these Terms immediately for any reason without prior notice to you. Ruboss may terminate your Account, or remove Content, upon Ruboss’s determination of a breach or possible breach of these terms, without notice to you. Upon termination of your account, Ruboss has no obligation to provide a refund of any amounts paid to Ruboss and its subsidiaries, or of monies owed to the User (royalties or otherwise).
Ruboss reserves the right to terminate accounts, block the ability to purchase or publish books, or suspend accounts if we suspect the account to be actually or potentially associated with suspicious activity, or for any other reason.
You may terminate your Account on the account information section of the Site, or by contacting firstname.lastname@example.org with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your request has been acknowledged by Ruboss. All provisions of this agreement relating to payment, commissions, service, fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights (including without limitation license rights such as the Permissions Agreement) shall survive termination.
After Content has been removed from Leanpub it will no longer be available for purchase or visible to Users who have not purchased it. It may still be available to Users who have purchased it. Furthermore, if any Content is removed from being for sale but has previously been sold (including free purchases), it may still be listed as Content having been produced by you in your Leanpub User profile or elsewhere on Leanpub.
Ruboss does not retain any residual rights to remove work other than those outlined above.
If you choose to terminate your account, the terms outlined above regarding the status of Content you have uploaded or created using Leanpub remain applicable.
15. Primary Authors and Co-Authors
Terms regarding copyright holder status are stated in Section 8 of these terms, “Copyright, Creative Commons and Public Domain Policies”. This section regards the administrative status within Leanpub that may be assigned to Leanpub Users with respect to Products and Placements.
When a User creates a Leanpub Product or Placement, that customer is granted Primary Author status in relation to the Product or Placement (the “Primary Author”). The Primary Author has administrative authority with respect to the Product associated with the feature set provided by Leanpub to the Primary Author (the “Feature Set”), and may undertake any action Primary Authors are permitted by Leanpub to undertake in relation to the Product or Placement.
Exceptions to the rule that creating a Product makes a User a Primary Author may exist. For example, a University may assign an administrator to manage a Leanpub University account, under which teachers may be able to create Courses, but the status of Primary Author is granted to the administrator, not the teacher.
The Feature Set and permissions available to all Leanpub Users, including the Primary Author of a book, are subject to change at any time and at Leanpub’s sole discretion. The assignment of Primary Author status in no way represents a statement by Leanpub regarding the ownership of or copyright in relation to any Product or Placement or uploaded Conte, including any Extras, and any other rights, material or goodwill associated with the Product and its associated Content at any time or in any circumstances.
Primary Authorship can be transferred by Leanpub to another Leanpub User and/or to another Leanpub account at the request of the Primary Author. In this case, the Primary Author that requests the transfer becomes a Former Primary Author (a “Former Primary Author”) and Primary Author status will be revoked from the Former Primary Author. This does not exclude other reasons for Leanpub to transfer Primary Author status to another Leanpub User.
The Primary Author of a Product or Placement may at any time assign Co-Author status with respect to a Product to another Leanpub User or Users (the “Co-Author” or “Co-Authors”), if such status is available. Any assigned Co-Author will be granted Co-Author status upon approving the assignation of that status by using the feature or features provided by Leanpub for that purpose, or otherwise communicating to Leanpub their acceptance of the assignation of Co-Author status. The assignment of Co-Author status does not represent a statement, on the part of either Leanpub or the Primary Author, of any Co-Author’s ownership of or copyright in relation to any Leanpub Product, and any other rights, material or goodwill associated with a Product at any time or in any circumstances. At any time and without requiring any approval, confirmation, or any other kind of communication to, from or with any Co-Author or Co-Authors, the Primary Author of Product may revoke Co-Author status from any or all of a Product’s Co-Authors, and the Co-Author or Co-Authors whose Co-Author status has been revoked become Former Co-Authors (the “Former Co-Author” and “Former Co-Authors”). If royalties from a Product’s sales were being allocated to a Co-Author, after Co-Author status has been revoked from a customer, the Former Co-Author will no longer be allocated any new royalties associated with the Product.
The Primary Author may at their sole discretion, at any time or for any reason, request that Leanpub re-allocate the percentage of royalties from a Products sale owing to the Primary Author and any Co-Author or Co-Authors. This change is effective from the moment it is made, and does not apply to any royalties already owing the Primary Author, and any current or Former Co-Author or Co-Authors.
In the case that Leanpub is informed that there is a dispute about Co-Authorship of a Product, we reserve the right to remove the Product from Leanpub, remove access to the Product via Leanpub from the Primary Author and/or any current or Former Co-Author and/or Co-Authors, and from any User who at the time or previously held Primary Author status.
Publishers are responsible for paying the authors and/or content creators, editors and any other person or organization with which they are associated. Ruboss is not liable for any discrepancies between Publishers and those with which they are associated regarding expectations concerning royalties or any other matter. Ruboss will only send royalties to the PayPal account associated with the Leanpub Account to which royalties are owed in relation to the sale of any Product. Any division of royalties is beyond Ruboss’ control and responsibility.
Publishers are not eligible to receive pay discount rates for Product Creation Purchases.
Authors and Publishers are free to assign a royalty percentage to any Cause that has been approved as part of the Leanpub for Causes program that allows Authors and Publishers to share royalties with a Cause (“Leanpub for Causes”, or the “Leanpub for Causes Program”). However, this does not imply any endorsement on the part of the Cause of the Author and/or Publisher or the associated Content or an actions or statements made by any party associated with the Content or its promotion or dissemination on Leanpub or elsewhere.
Royalties owed to Causes will be paid via PayPal using the PayPal email address associated with the Cause in the form used to register and maintain information about Causes (the “Cause Form”).
Any User with the ability to change the royalty percentage owing to a Cause in association with the sale of a Product may change the royalty percentage owing to a Cause at any time and for any reason. Such changes have no effect on royalties owing prior to the change in the royalty percentage owing to the Cause.
Ruboss may enter into contracts with universities in order to satisfy their unique institutional requirements. In such cases, we will display to Users who attmept to purchase a university’s course (including free purchases), relevant information regarding the use of Users’ Personal Information in order to fulfil the contract will be displayed. The purchase of a course associated with any such contract will be contingent upon the User’s acceptance of these terms.
19. International Users
Ruboss makes no representation that material on the Site or Services is appropriate to or available at locations outside of Canada and the United States. You may not use the Site or export the Content in violation of United States export regulations. If you access the Site from a location outside the United States or Canada, you are responsible for compliance with all applicable local laws and any local taxes that may be required.
20. The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Site and Services are provided to you on an “AS-IS” and “AS-AVAILABLE” basis. Without limiting the foregoing, RUBOSS AND ITS PARTNERS DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, OR MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. We make no warranty, and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness security or reliability of the Site or Service or any Content thereon. Ruboss will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or Services, or any Content. You also agree that Ruboss has no responsibility or liability for the deletion of, or the failure to store or transmit, any Content and other communications maintained by the Site or Services. We make no warranty that the Site or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Ruboss or through the Site or Services, will create any warranty not expressly made herein. Ruboss may also in its discretion modify the features, availability, operation and/or look and feel of Leanpub from time to time without notice to Users.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ruboss of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge that you accept sole responsibility for, and assume all risk arising from, your use of any such websites or resources.
22. Third-Party Websites, Software and Sites
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We take appropriate and reasonable technical, organizational, and procedural measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us at email@example.com.
Leanpub accounts require a username or email and a password to log in. Members must keep their password secure, and never disclose it to a third party. Account passwords are hashed, which means we cannot see a User’s password. We do not send forgotten passwords. We will only provide Users with instructions on how to reset them.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUBOSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (OTHER THAN CONTENT CONTRIBUTORS GRANTING LICENSES PURSUANT TO THESE TERMS) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, OPPORTUNITY, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RUBOSS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree that the liability of Ruboss, its officials, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with any transaction entered hereunder or the Site or Services shall not exceed the amount you paid to Ruboss in connection with the transaction giving rise to such claim.
Any action under these Terms must be commenced within one (1) year of knowledge or discovery of the cause of action.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Ruboss, its officers, employees, affiliates and agents which, but for this provision, would give rise to the cause of action against Ruboss in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under these Terms are as expressly set out in these Terms.
You shall indemnify and hold Ruboss harmless against all third party claims, demands, suits, actions, judgements, losses, costs, damages (direct, indirect and consequential), lawyer’s fees and expenses that Ruboss may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of these Terms, and for any act or omission by you which is in any way related thereto.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion of limitation of liability for consequential or incidental damages. Therefore, if the jurisdiction you are in does not allow it, then the limitations above may not apply to you. The limitations above do not apply where they contravene local law.
27. Waiver and Severability
The failure of Ruboss to enforce any rights or provisions of these Terms will not be deemed a waiver of such right or provision.
Every provision of these Terms is intended to be severable. If any section of these Terms is found to be void, invalid or unenforceable, then such section will be deemed amended and will be interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
28. Controlling Law and Jurisdiction
These Terms and any action relating thereto will be governed by the laws of the Province of British Columbia, Canada, without regard to or application of the conflict of law provisions of your province, state, or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Vancouver, British Columbia, Canada, and you consent to the jurisdiction of such courts and waive any objection as to inconvenient forum. Notwithstanding the foregoing, Ruboss reserves the right to seek injunctive, specific performance or any other legal or equitable remedy from any court of competent jurisdiction.
29. Entire Agreement
Ruboss may revise these Terms from time to time. The most current version can be found here. If the revision, in Ruboss’ sole discretion, is material to the user, Ruboss will attempt to notify you via email, to the email address associated with your Account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms.
If at any time you do not wish to be bound by the Terms, you must terminate your membership by contacting firstname.lastname@example.org see Section 14, Terminating Membership and/or Removing Content.
These Terms are binding. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
The Site and Services are operated and provided by Ruboss Technology Corporation.
Our address is:
Ruboss Technology Corporation
1321 Blanshard Street
Victoria, British Columbia, Canada