Effective October 1, 2016
Glasstree is a community for creators of remarkable scholarly works. We provide the tools for you to publish your work for personal use or for sale and distribution to others, a marketplace for the purchase of goods and services, and a site where you can participate in forums and discussion groups with like-minded creators. The following terms and conditions have been developed not only to protect your work and your privacy, but also to describe our commitment to you as a community member as well as your responsibilities as a content creator. Please do not hesitate to contact our Support Team if you have any questions about the terms of this agreement.
A Note About Our Community
Glasstree is a place where scholars can publish, sell, or buy creative content such as books, proceedings, monographs, articles and other similar content. We help people distribute information spanning a wide range of scholarly subject matter while providing an equitable, user friendly, respectful, and serious site for all content creators. Since our community serves a broad range of academics, we do not encourage content that could make a majority of our users uncomfortable or which would bring it into disrepute.
Glasstree respects the effort that goes into creating your remarkable work, and we are committed to protecting copyrights as well as your right to privacy. As a member of our community, you may not publish or post content that you do not own or have permission to publish. We take allegations of copyright and privacy violations very seriously. To that end, if you believe that material offered for sale on our site violates your copyright or right to privacy, you are encouraged to notify Glasstree via the “Report This Item” button associated with each piece of content. If a user infringes copyrights or other intellectual property or privacy rights, Glasstree may, in its sole and absolute discretion, terminate use or deny access to its website. If terminated for those reasons, Glasstree has no obligation to provide a refund of any amounts previously paid to Glasstree or owed to the user.
For those authors who elect to communicate the peer review status of their work, we presume that such peer review has been conducted according to accepted scholarly standards and that a record of those peer reviews is available upon request. We are not responsible for the quality of, nor the absence of, a peer review. By classifying and including reference to a peer review, the author assumes all responsibility for the peer review processes he or she has employed. Glasstree agrees only to represent the status of the peer review, as indicated by the author. Glasstree makes no representation concerning the peer review status of any author’s work. Authors have sole and exclusive responsibility for any statement regarding the peer review status of their works.
Glasstree is not responsible for the content of the work being presented. The validity of the work is the exclusive responsibility of the author(s).
Authors are solely responsible for classifying their works according to the Glasstree taxonomy. Glasstree is not responsible for the quality nor of the accuracy of taxonomy classifications selected by authors.
The Membership Agreement below describes your rights as a Glasstree community member, whether you are a creator or buyer of content. It also lists our rights as the Glasstree.com site owner, the information we collect about users and how it is stored, our obligations to accurately collect and pay revenues earned by content owners, your ownership and rights to retire works published using Glasstree tools and services, and our liabilities for services provided by Glasstree and our partners. Please note that your use of the website, or the tools or services accessed from the website denotes your acceptance of this membership agreement and all of its terms.
Below, you will find the terms and conditions for participation as a member in Glasstree’s community, where you will have rights to be involved in forums and groups, to purchase goods and services, and to publish your works for sale or distribution to others. Please don't hesitate to contact our Support Team if you have any questions about the terms of this agreement.
Welcome to our community of creators!
The Terms also include posted terms and conditions applicable to specific services and/or features, all of which are hereby incorporated by reference. Such additional terms and conditions (“Additional Terms”) will be posted for viewing in conjunction with the applicable feature or service. In the event of a conflict between these Terms (other than Section 16, 17, 18 and 19 of these Terms) and the Additional Terms, the Additional Terms shall control; with respect to conflicts between the Additional Terms and Sections 16, 17, 18 and 19 of these Terms, Sections 16, 17, 18 and 19 of these Terms shall control.
We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "REVISED" legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Site; or any change in any fees or charges for use of the Site.
- Use of the Site
- Digital Object Identifiers
- Publishing through Glasstree.com
- Glasstree.com Creator Revenue
- Term and Termination
- Third-Party Websites, Software and Sites
- Glasstree.com Retirement of Content, Termination of Membership, and Data and Content Retention Policies
- Restrictions on Use of Content
- Creative Commons Licensing
- Optional Author Services
- Disclaimer of Warranties
- Limitation of Liability
- Intellectual Property
- Policy for Idea Content
- Jurisdictional Issues
As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. Use of the Site
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Glasstree to access to Site, we grant to you a non-exclusive, non-transferable, non-sub-licensable, limited right and license to access the Site, including any text, images, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Site (other than your Content), solely as made available by us, solely as necessary to access the Site and solely for your own purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Site may include advertisements and that such advertisements are a necessary part of the Site. The Site, including all such materials and all intellectual property rights therein, remains the property of Glasstree or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Site without the written consent of Glasstree. Nothing herein grants any rights to commercially exploit any portion of the Site. All rights not expressly granted hereunder are expressly reserved.
Technical, maintenance and other issues may make the Site unavailable from time to time. GLASSTREE MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE SITE WILL OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET USER’S PURPOSES. Glasstree may in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Site pursuant to Section 9 below. While using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity
- Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Violate any applicable laws or regulations;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Use the Site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Engage in spamming or flooding;
- Attempt to upload images by any method to another user's account without permission;
- Access or use (or attempt to access or use) another user's content without permission;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
- "Frame" or "mirror" any portion of the Site, or link to any page of or material on the Site other than the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site;
- Harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law.
We may suspend and/or terminate your access to and use of the Site and/or any features made available through the Site immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms, a determination to be made in our sole discretion.
You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, (iii) at Glasstree's request, and without further consideration, you will promptly provide Glasstree with reasonable evidence of adequate and enforceable rights of third parties with respect to your Content and your rights thereunder (i.e., consents, approvals, licenses or sublicenses), and agree that Glasstree may provide a copy of these Terms to anyone claiming an infringement of copyright/trademark relating to your Content or to law enforcement or other entities as required by law or as Glasstree reasonably determines to be necessary to protect its rights or the rights of others, (iv) you will abide by the Content Policy and Guidelines posted on the Site, and (v) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your Content to use such individual's likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms (including for purposes of promoting the Site), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to Glasstree a copy of any such consents, releases and/or permissions upon Glasstree's request). If you do submit Content that contains the likeness of an identifiable individual who is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Content. Any violation of this Section, as determined in our sole discretion, can be cause to remove your Content from the Site and to terminate your account and access to the Site.
None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or (c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the services on the Site; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Please note that we may also provide users with an automated method of reporting Content that they believe to be inappropriate. If we do provide such a method, Content that is reported more than a certain number of times may be automatically removed from the Site; provided, however, that Glasstree has no obligation to remove Content in response to user reports or requests. Glasstree is not responsible for, and will have no liability for, the removal or non-removal of any Content from the Site. We recommend you keep back-up copies of your Content on your hard drive or other personal system, as the Site is not intended to be a back-up solution for storing your Content.
Glasstree also reserves the right to (1) reserve a portion of the back cover of a book of any published Content for placement of a unique identifying number and barcode (this number may be the Content’s ISBN number, if an ISBN number is purchased), and (2) delete Content from Glasstree’s database after a defined period of time, as set forth in the then current policies of Glasstree.
Glasstree may collect and analyze bibliometric information relating to published Content and may promote, or not promote, published Content based upon such information in whole or in part.
The Site may permit users to share their Content with other users via various means, including but not limited to through a user comment functionality, user forums and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with Glasstree. Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of Glasstree. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Glasstree, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through the Site.
Some features of the Site may enable you to send and receive transmissions. You acknowledge and agree that Glasstree has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Glasstree reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Site and/or the amount of storage space available for transmissions or for any feature made available through the Site.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Glasstree is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent to:
627 Davis Drive
Morrisville, NC 27560
ATTN: Questionable Content
7. Digital Object Identifiers
Glasstree will assign every published work with a unique Digital Object Identifier (DOI). This does not in any way signify that Glasstree is responsible for the content of the work, nor does it accept ownership of the work being published. Glasstree will assign DOIs according to the protocols specified by Crossref, the DOI registration agency, and will abide by its requirements.
8. Publishing through Glasstree.com
If you wish to publish Content through Glasstree.com, you will generally be provided the opportunity to direct how the Content should be published and conditions for distribution and sale. The publishing process converts your Content into publish-ready files. You may use these converted files to distribute and/or sell your Content, as you choose, through Glasstree and/or distribution channel partners.
Except as provided in this paragraph, Glasstree shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the author or author’s Work and/or (b) the Glasstree service. If the Work is not owned by you, or, if the Work is subject to a Creative Commons license, or other terms which do not permit commercial use, you must inform us, in which case Glasstree will refrain from distributing samples of the Work for promotional purposes. Otherwise, you represent and warrant that such promotional use is permitted under a Creative Commons license, under other terms applicable to the Work, or by law.
Glasstree also shall have the right to distribute samples of the Work for free, non-commercial use, duplication and sharing, and, if the Work is not owned by you, you represent and warrant that such free, non-commercial use, duplication and sharing of the Work is permitted under a Creative Commons license, by other terms applicable to the Work, or by law.
All use of samples will comply with the sample percentage authorized by the Author.
9. Glasstree.com Creator Revenue
As used herein and for the sale of Content through Glasstree.com:
- Creator Revenue - means the percentage of Net Revenue due to you as author-publisher for Content which was sold and paid for in full. Subject to specific arrangements with distribution channel partners, the following Creator Revenue percentage generally applies:
- Electronic - for sales of electronic material, 70% of Net Revenue.
- Print - for sales of printed material, 70% of Net Revenue.
- Gross Selling Price - means the Sales List Price after any discount that you as author-publisher would like to include in order to promote your Work, if applicable.
- Net Revenue - means the remaining monies after subtracting Glasstree’s manufacturing costs and markups or fees for sales with distribution partners, from the monies actually received for customer purchases of Content (based on Gross Selling Price).
- Refunds - when we process refunds of purchased Content, this may result in an offset of the amount of Creator Revenue owed to you.
- Royalty - this is the Creator Revenue that is reportable to the U.S. Internal Revenue Service (IRS), if applicable.
- Sales List Price - means the price determined by you as author-publisher for the Content, subject to variances in international manufacturing costs. The Sales List Price will be the price listed in any distribution channel.
- Taxes; Shipping and Handling - sales taxes, VAT and other similar taxes, and shipping and handling are separate and apart, and not subject to revenue calculations.
If you have published and sold Content on the Site, the amount of Creator Revenue you are owed will be visible in your account under the “My Revenue” box that appears on the “My Glasstree” information tab of the Site. Creator Revenues will be paid to you via PayPal. PayPal payments currently are made in USD. In the future, Glasstree may make PayPal payments in Euros, GBP, CHF, AUD, CAD or USD. In the future, Glasstree may also offer a payment of Creator Revenue by paper check. Any such paper check payments will be made in USD.
Creator Revenue will be paid via PayPal on a monthly basis. Specifically, no later than 31 days after the end of a calendar month Glasstree will make a good faith effort to pay you the Creator Revenue that accrued during that month, using the contact information in our records. If Glasstree owes you less than $5 USD for Content sales within a given month, we reserve the right, at our discretion, to roll your Creator Revenue forward to the following month(s) until $20 USD is reached.
All minimum Creator Revenue in non-USD shall be calculated in USD using current exchange rates for the purpose of the minimum thresholds for transmission of payments to you by Glasstree.
It is your responsibility to update your contact information. If we are unable to contact you using the contact information provided, we may, at our sole discretion, charge an account termination fee equal to the amount of unpaid Creator Revenue to cover administrative costs.
It is mandatory for you to submit your name and address (both US and non US authors). You may submit your tax ID number (US and/or non-US) along with a US tax form to possibly reduce tax withholding. Based on withholding that may be required by the IRS, the payment that authors receive may be less than their Creator Revenue. You are ultimately responsible for any taxes, fees and penalties associated with your receipt of Creator Revenue or sale of your Content, and you agree to indemnify Glasstree against any such tax, fee or penalty.
You are responsible to any third party for payment of royalties, commissions, etc. that may be owed to them based upon agreements you have made with a third party and/or liabilities you have incurred to third parties. You agree to indemnify Glasstree against any claim by any third party concerning, in whole or in part, payment or non-payment of royalties, commissions, etc. that are alleged to be owed to the third party.
Glasstree reserves the right to place a hold on any payment based upon suspicious activity, including but not limited to, potential fraud, copyright infringement or other violations of these Terms, claims by third parties and/or questions regarding rightful ownership of the account.
10. Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination.
11. Third-Party Websites, Software and Sites
Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
- Each promotional offer (“offer”) claim code can be used only once.
- Limit one offer per account.
- The offer must be redeemed at our Site toward the purchase of products sold by Glasstree. If Glasstree is not the seller, that fact will be noted on the product detail page.
- Offer may not be available to be redeemed at any other Website operated by Glasstree, its affiliates, or third-party merchants (including Web sites linked to or from the http://www.Glasstree.com site).
- The offer cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
- If the offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
- If you are ordering items to be shipped to more than one address, a separate order must be created for each address. The offer will be applied to only one of the resulting orders. Some offers may not be combined with other offers in the same order. Generally, only one promotional claim code may be used per order.
- Each offer is valid for a limited time only and expires on the date specified in the offer.
- The offer's cash value is 1/100th of one cent.
- The offer is not for resale and is not redeemable for cash.
- The offer cannot be applied to orders already placed with Glasstree.
- If there is a problem with items purchased using a promotional code and Glasstree grants a refund, you will not receive a refund for the amount of the offer.
Glasstree reserves the right to refuse to pay any Creator Revenue where we find, in our sole discretion, that you have abused our promotions and/or other processes to garner monies by manipulation and/or other fraudulent and abusive techniques. If we find such activity to have occurred, we reserve the right to close your account and withhold all Creator Revenue payments.
An item that is “print on demand” is manufactured when the order is received. If you receive a book that is damaged, we will provide a replacement copy at our sole discretion based upon photographic evidence. Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products, so as a practical matter we may not require that damaged physical products actually be returned to us. Refunds are issued at our sole discretion.
Because Glasstree provides creator-controlled publishing tools, Glasstree cannot and does not accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, factual errors, poor quality pictures, etc.), its formatting, design or overall appearance. The creator approves the visual presentation and content of each item and bears responsibility for its quality and presentation. Glasstree's staff does not monitor or check individual Content prior to publication or sale through the Site.
14. Glasstree.com Retirement of Content, Termination of Membership, and Data and Content Retention Policies
You may choose at any time to retire your published Content on Glasstree.com. Should you do so, the Content will not be visible to other users and will not be available for sale on the Glasstree.com Site. Retired Content will be deleted from Glasstree’s database after a defined period of time, as set forth in the then current policies of Glasstree.
However, for all Content listed through distribution channel partners that you choose to retire, (1) this process will take several business days before the distribution channel partner takes any action, and (2) your Content may still be listed by the distribution channel partners and, while not available for sale, it may continue to be listed and shown as “unavailable,” “out of stock,” or the like.
Net Revenue received by Glasstree prior to distribution channel partners disabling the availability of your retired Content for sale will continue to be subject to the Terms, and Creator Revenue shall be paid to you when applicable.
If your Content has not been published, you can delete it from your Project List and it will be removed from the Glasstree database, subject to our archiving process. This type of draft Content will be deleted from Glasstree’s database after a defined period of time, as set forth in the then current policies of Glasstree.
You may terminate your membership by following the “Cancel My Glasstree Account” link on the My Glasstree > My Account & Orders > About Me page, or by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after the acknowledgement by Glasstree of the receipt of your request. All terms above regarding retiring or deleting Content continue to be applicable.
Glasstree will retain any part of your Personal Data for as long as is reasonably required to fulfill the purposes for which it was collected. Data retained in backups will be removed only as the backups are purged in the normal course of Glasstree’s backup procedures.
Generally, your Content will only remain accessible for defined periods of time, depending on the type of Content (e.g., retired, unpublished draft, prior revisions, questionable content, years without sales, etc.). This type of Content will be deleted from Glasstree’s database after a defined period of time, as set forth in the then current policies of Glasstree. Accordingly, Glasstree strongly recommends that you do not rely upon Glasstree as a storage site for your Content.
15. Restrictions on Use of Content
If you purchase Content from the Site (including receipt of free Content), you agree to the following restrictions with respect to such acquired Content and the information contained therein:
- You may resell physical copies of Content (e.g., printed books) you have purchased;
- You will not remove or obscure any proprietary rights notices contained in or on the Content.
16. Creative Commons Licensing
Glasstree fully supports Creative Commons licensing and enthusiastically encourages its use. Accordingly, for the avoidance of doubt, nothing herein designed to prevent you from reusing content available under a Creative Commons license according to the terms and conditions of the applicable license.
In general, Glasstree collects Personal Data when you register with Glasstree, when you use Glasstree services and when you visit Glasstree pages or pages related to the Content posted on the Site. That information is used to fulfill your requests for products and services, to conduct research, to contact you, to contact those who purchase your Content (if you have selected to use the Glasstree Thank You Note program) and to improve Glasstree services. Glasstree endeavors to limit access to your Personal Data to only those Glasstree employees, agents and service providers who reasonably need access to complete these purposes. You may view and edit your account information at any time.
Glasstree will disclose Personal Data under the following circumstances:
- In response to subpoenas, court order, other legal process, to establish or exercise Glasstree's legal rights or defend against a legal claim, or as otherwise required by law;
- As necessary to investigate, prevent, or take action regarding violations of the Terms, suspected illegal activity or threats to the physical safety of another person;
- To Glasstree's trusted partners who work on Glasstree's behalf under confidentiality agreements; and
- If Glasstree is involved in a merger, acquisition, reorganization, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings), to that company.
- If you have enabled the Thank You Note buyer notification option, in which case you consent to Glasstree's displaying the publisher name and e-mail address you provide for Thank You Note correspondence to purchasers of your Content.
18. Optional Author Services
You will be provided with access to Kudos, an optional web-based service that helps authors to maximize the visibility and impact of their published articles. Kudos provides a platform for assembling and creating information to help search filtering, for sharing information to drive discovery, and for measuring and monitoring the effect of these activities. You also will be provided with the opportunity to contract with MPS and/or Smith Publicity for optional author publicity and marketing services. Glasstree has no responsibility for any services offered by Kudos, MPS and/or Smith Publicity; the performance of any services by Kudos, MPS and/or Smith Publicity; or the failure by Kudos, MPS and/or Smith Publicity to provide any services to you. Glasstree also has no responsibility for (a) the Kudos tools, (b) the instructions for use of the Kudos tools, or (c) any output created through use of the Kudos tools.
You agree to indemnify, defend and hold us, our affiliates, parent companies, subsidiaries, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Content; (c) your activities in connection with the Site (including, without limitation, any and all purchases) and/or (d) any taxes, fees or penalties associated with your receipt of Creator Revenue or the sale of your Content.
You will not do anything to intentionally prejudice any rights granted hereunder, but in the event that you lose any rights or other licenses, consents or permissions relating to specific Content that are necessary for you to grant any rights you grant to us hereunder or that are necessary for our use of such Content as described in these Terms, or if you receive notice of a third-party claim relating to Content which you reasonably deem to be of concern, you will immediately retire or delete such Content from our Site. Without limiting our rights or remedies under this Agreement, you will reimburse us for any refunds we make to Customers as a result of the withdrawal of Content under this Section. For the avoidance of doubt, nothing in this paragraph is intended to relieve you of your indemnification obligation above.
20. Disclaimer of Warranties
THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GLASSTREE AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.
NO OPINION, ADVICE OR STATEMENT OF GLASSTREE AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
21. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER GLASSTREE NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF GLASSTREE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
GLASSTREE DOES NOT PROVIDE LEGAL, FINANCIAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL SERVICE ADVICE AND PROHIBITS THE USE OF ANY COMMUNICATION OR INFORMATION FROM GLASSTREE THAT YOU USE FOR SUCH PURPOSES EXCEPT FOR TAX STATEMENTS ISSUED BY GLASSTREE IN THE ORDINARY COURSE OF BUSINESS.
22. Intellectual Property
Glasstree is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties, which is owned by the licensors of such Content. Glasstree owns the design, format and layout of the Site. The Glasstree logos and the names of all Glasstree products and/or services as posted on the Site are trademarks and/or service marks or registered trademarks and/or service marks of Glasstree. The Site is ©2016 Glasstree, a division of Lulu Press, Inc. All rights reserved.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
23. Policy for Idea Content
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at Glasstree, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Site; however, please note that any such ideas or suggestions that you submit will be owned by Glasstree, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Glasstree. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Content, subject to the license granted to Glasstree in Section 3 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to Glasstree, Inc. 627 Davis Drive, Suite 300, Morrisville, NC 27560, Attn: Idea Content- Legal Department. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by Glasstree in order to evaluate your idea or suggestion.
24. Jurisdictional Issues
The Site is controlled and operated by Glasstree from the United States of America, and is not intended to subject Glasstree to the laws or jurisdiction of any state, country or territory other than that of the United States of America. Glasstree does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Glasstree makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and payment of any local taxes that may be payable in connection with any purchase from the Site.
Glasstree’s headquarters and principal operations, including control and supervision of the Site, are based in Morrisville, North Carolina. This Agreement is governed by the laws of the State of North Carolina, without regard to its "choice of law" or “conflict of laws” provisions that would apply the laws of another jurisdiction. You agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Morrisville, North Carolina. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator(s) shall be legally binding and shall not be subject to appeal. The decision of the arbitrator(s) shall be enforceable in any court of competent jurisdiction, and you agree to the personal jurisdiction of the state and federal courts located in the State of North Carolina for such purpose. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies.
The Terms in Sections 18, 19, 20 and 21 relating to disclaimer of warranties, limitations of liability, indemnification and intellectual property shall survive termination of this Agreement. Notwithstanding the arbitration requirement above, you agree to the personal jurisdiction of the state and federal courts located in the State of North Carolina, and Glasstree has the right to seek additional remedies, including but not limited to injunctive relief, to enforce the aforementioned clauses or any other material provision of this Agreement.
Except for delay in payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Glasstree and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
References to business or distribution channel “partners” in connection with Glasstree’s operations refers to organizations with which Glasstree has business relationships and does not imply formal legal partnerships.
Every term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the term will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
These Terms are not assignable, transferable or sub-licenseable by you except with our prior written consent.
These Terms may not be modified or amended except with our prior written consent.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: legal@Glasstree.com.
Appendix A. Glasstree Content Policy and Guidelines
Items sold through the Glasstree Site must follow the content policy and guidelines detailed below. Producers or sellers of content are expected to conduct proper research to ensure that the content sold through the Glasstree Site is in compliance with all local, state, national, and international laws. If Glasstree determines that the content is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. Glasstree reserves the right to make judgments about whether or not content is appropriate.
- Pornography- X-rated text, photographs and movies, home porn, hard-core material that depict graphic sexual acts, and amateur porn are not permitted.
- Offensive Material- Items such as crime-scene pictures, videos, pictures and videos of cruelty to animals, and extremely disturbing materials. Glasstree reserves the right to determine the appropriateness of content sold on our Site. Also, be aware of cultural differences and sensitivities. Some materials may be acceptable in one country, but unacceptable in another. Please keep in mind our global community of customers.
- Illegal Items- Content sold through the Glasstree Site must adhere to all applicable laws. This includes the sale of content by individuals outside the United States. Some content that may not be sold include any products that may lead to the production of an illegal item or illegal activity.
- Items that Infringe upon an Individual's Privacy- Glasstree holds personal privacy in the highest regard. Therefore, Content that infringes upon, or has potential to infringe upon, an individual's privacy are prohibited. Additionally, the sale of marketing lists (bulk e-mail lists, direct-mail marketing lists, etc.) is prohibited.
- Rights of Publicity- Celebrity images and/or celebrity names cannot be used for commercial purposes without permission of the celebrity or their management. This includes unauthorized celebrity images.
- Items which are not characterized as being of a scholarly nature, and which may not be classified according to the Glasstree taxonomy. Glasstree retains the right to redirect any such content to Lulu.com.
Appendix B. Content Retention Guidelines
This includes any content that Glasstree has decided should be suspended from sale on Glasstree.com. Content can be suspended because it is believed to violate the terms of the Membership Agreement.
- Policy: All quarantined content will be deleted 6 months following quarantine.
Any Content where all versions of the project have been retired from sale.
- All files after 12 months from the time the project was retired will be deleted, except for files from versions that have previously sold.
Print Book Policy:
- All files after 12 months from the time the project was retired will be deleted.
Any content associated to an unpublished project.
- Draft Project Policy: Content files associated with an unpublished project will be deleted if the draft was created more than 12 months ago and has not been accessed in the last 6 months.
Previous Versions of Published Content
Previous versions of any book if the current version is published and available for sale. Once project files are older than 6 months:
- All files from any version that has sold will be retained.
- All files from the currently published (active) version will be retained.
- All files from the previously published version will be retained.
Print Book Policy:
- All files from the currently published (active) version will be retained.
- All files from the previously published version will be retained.
- If the previously published version has not sold, the latest version that sold, in addition to the latest version, will be retained.
All other versions will be deleted after 6 months.
Any published content set to Private status that has not been purchased for a period of at least six months.
- Policy: All Private content will be deleted 6 months after the date of publication or last purchase date, whichever is longer.