Terms of Use

Last Updated: August 1, 2023

These Terms of Use apply to your use of copubli.sh, and any other websites, applications, or services provided, owned or operated by Copublish (with its affiliates, “Company”) that link to these Terms of Use. This includes the website, content creator platform, brand publishing services (collectively, “Services”).

USE OF THE SERVICES

The Services are made available to individuals and entities seeking the Services, directly or indirectly, including but not limited to companies, agencies or other parties. You acknowledge and agree that your license to access the Services are automatically revoked upon your attempt to use the Services for any other purpose.

WEBSITE RULES

Access Rules
Use of any automated system or software to extract or manipulate data fromand related websites (such as scraping, crawling, or request spoofing) is strictly prohibited. Company reserves the right to take such action as it deems necessary, including issuing legal proceedings without further notice.

Company may access and use certain content available on third-party websites to enhance and provide the Services.

You agree to only access or attempt to access the Services through its intended interface. You agree that you will not engage in any activity that interferes with or disrupts the Services, its servers or networks. Unless you have been specifically permitted to do so in a separate, written agreement with Company, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for any breach of your obligations under these Terms of Use, and for any consequences (including any loss or damage which Company may suffer) of any such breach.

Appropriate Material
You agree that you shall not transmit or upload to or through the Services any harmful code, or use or misappropriate the Services for your own commercial gain unrelated to the intended provision of the Services. This includes any software that is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication.

You agree that you will not transmit, send, or upload any material through the Services that is unlawful, false, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable. This may include, but it not limited to, transmission of content that may be harmful to minors, disclosure of confidential information you do not have the consent to disclose, attempt to impersonate another person or entity, or otherwise misrepresent your identity, provide false information, promote or encourage illegal activity, interfere with another user’s enjoyment of the Services, violate the legal rights of others, or create multiple accounts without permission.

To register for an account to use Services, you must complete a user profile, which you consent to be shown to other users and, unless you change your privacy settings, to be shown to the public on any portion of the Company's website. You agree to provide accurate and complete information on your profile – and on all registration and other forms you access while using our services or provide to us – and you agree to keep that information current. You agree that you will comply with all applicable laws, including but not limited to, privacy, intellectual property, anti-spam, export control, tax, communications, and regulatory obligations.

Communication Consent
You agree that Company may communicate with you (directly or through a third-party), through the Services, or by email, phone, or postal mail, and use contact information that you provide to Company, or that Company obtains from third-parties. By providing your email, you expressly consent to receiving communication via such email. To revoke consent at any time, you may contact us at: contact [at] copubli.sh

Age Requirements
The Services are not for use by anyone under the age of 14. However, if local laws provide for an alternative minimum age for Company to lawfully provide the Services or to engage in the Services with you, then that shall apply as the applicable minimum age. If you are under the age of 18, or the age of majority in your jurisdiction, you must use the Services with the consent of your parent, legal guardian, or responsible adult.

SERVICES RULES

Company Content
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Company's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Company owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on (except as expressly allowed), or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules, regulations, and these Terms.You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, or any other dubious money-making ventures; or (viii) that violate any law. You agree that your User Submissions will be original and created specifically for the Company's platform and Services.

Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable license to use, edit, display, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You shall not (and shall not license or otherwise permit any third party to) publish, distribute, or use any of the User Submissions, in whole or in part, in any manner or for any purpose (including without limitation, any publication or other use on any website or social media channel) that publicizes, advertises, promotes or otherwise benefits a service that is similar to or competitive with Company, without first obtaining Company's prior written consent. For clarity, the foregoing license grant to us does not affect your other ownership rights in your User Submissions. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You represent and warrant that: (i) you will comply with all applicable federal, state, and local laws, rules, regulations and ordinances in connection with the Services, including, without limitation, all federal, state and local laws, rules and regulations, including those concerning paid product endorsements, including but not limited to, Federal Trade Commission Guides concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 55 (the “FTC Endorsement Guides”); and (ii) User Submissions created in connection with the Services contain the necessary disclosures regarding the sponsored nature of the User Submission, sufficient to comply with the FTC Endorsement Guides. You understand and confirm that Company may elect to use, or not use, all or any part of your User Submission, at its sole discretion, and that you have no right to review or approve any use permitted herein.

Finally, you understand and agree that Company, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Termination
Company is free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Payment
Compensation terms will be detailed for each content creation program you enroll in. You must provide current, complete and accurate information for you to receive payment. Company reserves the right to contact you through the means provided to ensure payments are completed.

DISCLAIMER OF WARRANTIES

TO THE EXTENT ALLOWED UNDER LAW, "COMPANY" AND ITS AFFILIATES (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE "SERVICES" WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE "SERVICES" ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS "COMPANY" HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS OF SERVICE), "COMPANY" AND ITS AFFILIATES (AND THOSE THAT "COMPANY" WORK WITH TO PROVIDE THE "COMPANY" SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF "COMPANY" AND ITS AFFILIATES (AND THOSE THAT "COMPANY" WORK WITH TO PROVIDE THE "SERVICES") EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE GREATER THAN THE FEES YOU HAVE INCURRED IN USING THE "SERVICES".

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND "COMPANY" AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

GOVERNING LAW AND DISPUTE RESOLUTION

You agree that the laws of the State of Delaware, excluding its conflict of laws rules, shall exclusively govern any dispute to these Terms of Use or the Services.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Miami, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

TERMINATION OR ALTERATION

Unless otherwise stipulated in an applicable Order Form, Company reserves the right at all times to terminate users and provision of the Services for any reason, or to alter the provision of the Services for any reason, without notice. On termination, you will lose the right to access or use the Services. These Terms of Use will survive termination.

MISCELLANEOUS

If a court with authority over the Services or these Terms of Service find any part of the Terms of Service or Privacy Policy unenforceable, you agree that the court should modify the terms to make it enforceable while still achieving its intent. If a court finds modification not possible, you agree to ask the court to remove the unenforceable part, and that the rest of the terms are enforceable.These Terms of Service are not assignable or transferable without the prior written consent by Company. If we do not enforce a breach of these Terms of Use, you agree that Company has not waived its rights.

CHANGES AND UPDATES TO THESE TERMS OF USE

Company reserves the right to change, modify, add or delete portions of these Terms of Use at any time. Your use of the Services constitutes your binding acceptance of such changes.