Last updated: May 25, 2021
It governs both our Authors & Content Creators and our users collectively ("You" or "Users").
PLEASE READ THIS DOCUMENT CAREFULLY.
1. Using the Service
· a. How It Works.
We provide an open online content creation platform and services designed to allow Authors and Creators to create book channels where they can build, design, publish, and sell books, courses, and services ("Content") to users. GreatBoox offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways).
Creators tailor their Book Channels including content, activities, and products they offer to users.
GreatBoox is not responsible for Creators content or interactions between Creators and Users, with the exception of providing the technological means through which Creators may broadcast. GreatBoox is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student's reliance upon any information provided by a Creator or Creator Content at any time.
· b. Who can use GreatBoox platform and services.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
· c. Registration.
When you set up a profile with GreatBoox, you must provide us accurate information.
You may never use another User’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify GreatBoox immediately of any breach of security or unauthorized use of your account.
· d. Privacy.
2. Rights and Obligations of Creators
· a. Contact Information of Users.
The name and contact information of Users who register to join a specific Book Channel is made available to that Book Channel's Creator in order to facilitate communications. A Creator may use the contact information of Users solely to communicate with a User for purposes related to the Book or the reasonably assumed interests of the User who has joined the Book Channel. In no event may a Creator: i) sell contact information of a User to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Book Channel Content and Activities or the interest of User who joined the Book Channel.
· c. Representation and Warranty of Creators.
If you are a Creator, it is important for you to respect and honor the trust of Users who join the Book Channel you created. If you are a Creator, you represent and warrant that, in your communications with Users and handling of Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Sections 5(a) and 5(b). If you are a Creator, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Users in your Book Channel will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Creator with Users in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
· c. Takedown Assistance.
In the event that a party misdirects a takedown request directly to the Creator (within or outside of the Service), the Creator will redirect the takedown request directly to [email protected],com within two (2) business days.
d. Processing of Personal Information by Creators
Creators are provided access to certain Data, which may be aggregated or personalized, in order to facilitate User engagement and communications.
1) Creators are responsible for protecting all personal information they provide to, or receive from, GreatBoox in connection with the use of GreatBoox Platform and services. GreatBoox's Data Processing Agreement ("DPA") forms part of this Agreement and sets out GreatBoox's and Creator's obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator's use of GreatBoox Services to process User Data or Creator Data (as these terms are defined in the DPA).
b) Creators are considered controllers or "owners" of the personal information they collect from and about Users. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Users, respecting their Users' privacy rights in accordance with applicable law, and providing access to or deleting Users' personal information if they request and as required by applicable law.
2) The Creator may not sell or share Data accessible from the Service to third parties.
Users assume full responsibility for the disclosure and use of any other personal information they choose to disclose to any Creator on the Platform.
3. Code of Conduct
a. You are solely responsible for your interactions with other GreatBoox Users. GreatBoox shall have no liability for your interactions with other Users, or for any User’s action or inaction.
b. You agree to: No Spamming, No Fraud, No illegal Activity, No Exploitation, No Data Mining or Bots, No violation of Intellectual property or others' Personal Rights, No Prohibited Content and to never use the Platform or any Content contained on the Platform for any purposes other than intended.
c. In order to protect our users best experience GreatBoox
reserve the right, but have no obligation or liability for:
· monitoring any interactions with other Users or Creators.
· Restrict the number of communications that a User may send to other Users.
· Permanently or temporarily terminate, suspend, or otherwise refuse to permit User's access to the Service without notice and liability for any reason.
· You agree that GreatBoox will not be liable to you for any interruption of the Service, delay or failure to perform.
You may close your Creator or User account at any time by going to account settings and disabling your account.
We welcome your feedback and suggestions about how to improve GreatBoox. Submit feedback at [email protected] By submitting feedback, you agree to grant us the right to use it for free.
a. Creator Content.
The Service enables Creators to add content to Book Channels.
if you are a Creator, All material that you upload, publish or display to others via a GreatBoox Book Channel stays yours,
You keep complete ownership of all content, but give us permission to run GreatBoox, such that your content shows up, but that’s it. Make sure you have permission to use content that you post on GreatBoox.
Creators who believe that their intellectual property is being violated on the Service, can submit a complaint and request for takedown of specific material at sup[email protected]
b. User Content
The Service enables Users to add content and chat with other Users.
By posting any User Content on the Service, you expressly grant to GreatBoox a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GreatBoox for all claims resulting from content you supply.
C. Our Content and Materials
All right, title, and interest in the Service, including the GreatBoox buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Creator Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of GreatBoox ltd.
The GreatBoox name and logo, the GreatBoox mark, the GreatBoox logo are trademarks and service marks of GreatBoox. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.
· D. Our Licenses to You.
Subject to these terms, we grant Creators and Users a limited, non-exclusive license to use and access Our Content and Materials and the Service. If you are a Creator, subject to these terms, we also grant you a limited, non-exclusive license to use and access certain Data for the purpose of maximizing User engagement and facilitating communications. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
e. Third Party Content and Activities
Please note that the Service contains access to third-party content and other interactions over which we have no control.
By enabling Integrated Services in connection with GreatBoox Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services.
We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within GreatBoox platform.
we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service.
5. Payments and Billing.
A. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”).
Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
B. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
C. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
D. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
E. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE SETTING ON APP AND STUDIO. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
F. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
G. Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, which can be done through your Account settings at https://studio.greatboox.com, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to billing section on GreatBoox Creator Studio. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
H. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
I. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at [email protected]
6. Disclaimer and Limitation of Liability
a. We provide the GreatBoox Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the GreatBoox Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of Creators and Users contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to Creators and Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the GreatBoox Services – so please be sure to verify those before using or otherwise engaging them.
GreatBoox may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may GreatBoox be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the GreatBoox Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, GreatBoox shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the GreatBoox Services and/or connecting and/or dealing with any Third Party Services through or in connection with GreatBoox Services, and that GreatBoox cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
GreatBoox does not recommend the use of the GreatBoox Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain GreatBoox Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain GreatBoox Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the GreatBoox Services at this BETA stage signifies your agreement to participate in such GreatBoox Services’ BETA testing.
b. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, GreatBoox, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the GreatBoox Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the GreatBoox Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the GreatBoox Services; (6) events beyond the reasonable control of GreatBoox, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of GreatBoox Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for GreatBoox’s services to you, and such limitations will apply even if GreatBoox has been advised of the possibility of such liabilities.
7. Indemnity Disclaimer and Limitation of Liability
a. Changes & Updates
GreatBoox reserves the right to change, suspend or terminate any of the GreatBoox Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the GreatBoox Services (including removal of any materials created by you in connection with the GreatBoox Services) for any reason and/or change any of the GreatBoox Terms with or without prior notice - at any time and in any manner.
You agree that GreatBoox will not be liable to you or to any third party for any modification, suspension or discontinuance of those GreatBoox Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained above), continue to support your then-current GreatBoox Services without enabling such changes, or provide you with alternative Services.
b. Governing Law & Jurisdiction; Class Action Waiver
The GreatBoox Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the GreatBoox Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the GreatBoox Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and GreatBoox shall only be resolved on an individual basis and you shall not have the right to bring any claim against GreatBoox as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the GreatBoox Services, including by a banner or pop-up within the GreatBoox Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. GreatBoox’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The GreatBoox Terms, and your use of the GreatBoox Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between GreatBoox and you.
e. Entire Agreement
GreatBoox may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the GreatBoox Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of GreatBoox. Any attempted or actual assignment thereof without GreatBoox’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either GreatBoox or you the right to cancel any GreatBoox Services or Third Party Services then in effect.
G. Severability & Waivers
If any provision of the GreatBoox Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the GreatBoox Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
H. Customer Service Contact
To get in touch with our Customer Service - please send an email message to: [email protected]