Terms of Use

Date last updated: September 5, 2023.

Terms of Service for Pubwish Inc, pubwish.com, and Pubwish mobile and Web apps

Welcome to Pubwish Inc! Thanks for taking a moment to familiarize yourself with our terms. This page is essential reading as it shapes our relationship, ensuring transparency and understanding between us. By using our website, pubwish.com, you’re nodding in agreement to these terms. And to make things a bit clearer, we’ve added some helpful annotations in these shaded boxes. They’re here to provide clarity, although they’re not part of the official terms.

A Warm Welcome to Pubwish’s Terms of Service!

This document, our Terms of Service (“Terms”), governs your access and use of the array of offerings we have – be it our website, applications, tools, templates, or other features (let’s call all of these the “Services”) brought to you by Pubwish Inc. Alongside these Terms, our Privacy Policy delves into the specifics of the personal data we collect, how we handle it, and our stance on sharing. Additionally, our Code of Conduct paints a picture of your responsibilities while using our Services.

By navigating through or using the Services, you’re giving these Terms, our Privacy Policy, and our Code of Conduct (which together form this “Agreement”) a thumbs up. Representing an organization? Great! Make sure you’re authorized to nod in agreement on their behalf. If you find yourself at odds with any portion of this Agreement, we’ll have to say our goodbyes, as using our services would then not be possible.

We aren’t in the business of legal advice, but it’s paramount to emphasize: Dive deep into this Agreement! It’s a treasure trove of essential details about your rights. Topics like automatic subscription renewals, our stance on warranties, liability caps, and even how we’d handle disagreements (hint: it’s through arbitration) are all in there. We’ve crafted it with care, ensuring it’s a roadmap for a smooth journey together. So, buckle up and happy reading!

Using Pubwish Inc Responsibly

Venturing further into our platform, we’d like to spotlight a few additional guiding principles that reflect the ethos of Pubwish Inc and the pubwish.com community.

Your commitment to our services also entails a commitment to uphold a certain standard of behavior. We value the diversity and richness of experiences that each user brings, and we’ve seen time and again how positive interactions enhance our collective experience. With that in mind, we kindly ask you to steer clear of:

• Events or content that delve into or advocate for sexual themes.
• Themes or expressions that support racism or any form of discrimination.
• Any portrayal of abuse, whether it’s directed at children, adults, or our furry friends.
• Harsh, derogatory, or hurtful language and expressions.
• Any actions or content crafted with the intent to harm, defame, or damage someone or their standing in the community.

It’s crucial to understand that any deviation from these guidelines will have consequences. Events that defy these principles will face immediate removal. If an account consistently breaches our trust, it will face deletion, and the user behind it will be asked to leave our community.

For a deeper dive into what you’re agreeing to, and to ensure there are no gray areas, we’ve meticulously detailed everything in our Terms and Privacy Policy. You can find it all at https://pubwish.com/privacy. Familiarizing yourself with these will provide clarity and ensure that your journey with us remains smooth.

In conclusion, Pubwish Inc is more than just a platform—it’s a community. Together, we can ensure it remains a space that’s nourishing, respectful, and delightful for every single member. Let’s champion positivity and respect in all our interactions.

1 About our Terms

1.1 These Terms explain how you may use this website (the Site).

1.2 References in these Terms to the “Site” means https://pubwish.com/ and all associated web pages. 

1.3 You should read these Terms carefully before using the Site.

1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

1.6 If you have any questions about the Site, please contact us by e-mail at contact@pubwish.com. 

1.7 Definitions

2 Using the Site

2.1 The Site is for your use only. 

2.2 You agree that you are solely responsible for:

2.2.1 all costs and expenses you may incur in relation to your use of the Site; and

2.2.2 keeping your password and other account details confidential.

2.3 The Site is intended for use only by those who can access it from within the US. If you choose to access the Site from locations outside the US, you are responsible for compliance with local laws where they are applicable.

2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at contact@pubwish.com.

2.5 As a condition of your use of the Site, you agree to comply with our Acceptable use policy in Clause 2.6, 2.7 and 2.8 of these Terms and our Online terms and conditions for the supply of goods (available here: https://pubwish.com/terms), where applicable.

2.6 As a condition of your use of the Site, you agree not to use the Site or any Individualised Spaces created using the Services:

2.6.1 for any purpose that is unlawful under any applicable law or prohibited by these Terms; 

2.6.2 to commit any act of fraud; 

2.6.3 to distribute viruses or malware or other similar harmful software code; 

2.6.4 for purposes of promoting unsolicited advertising or sending spam;

2.6.5 to simulate communications from us or another service or entity in order to collect identity information, authentic credentials, or other information (‘phishing’);

2.6.6 in any manner that disrupts the operation of the Site or business or the website or business of any other entity;

2.6.7 in any manner that harms minors;

2.6.8 to promote any unlawful activity;

2.6.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; 

2.6.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks;

2.6.11 to attempt to circumvent password or user authentication methods; 

2.7 We may make a forum or communication services (“Interactive Services”) available on the Site. We are not obliged to monitor or moderate any text, images, video or other multimedia content, information or material submitted to our Interactive Services (“Submission”). Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not. 

2.8 Any Submission you make to our Interactive Services, any Individualised Spaces created by you and hosted by us and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any Submission, Content hosted in any Individualised Space  or communication by you must be:

2.8.1 your own original work and lawfully submitted;

2.8.2 factually accurate or your own genuinely held belief; 

2.8.3 provided with the necessary consent of any third party; 

2.8.4 not defamatory or likely to give rise to an allegation of defamation; 

2.8.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and

2.8.6 unlikely to cause offence, embarrassment or annoyance to others. 

2.9 We may prevent or suspend your access to the Site (including to any Individualised Space hosted by us) if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3 Your privacy and personal information

3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

3.2 Our privacy policy is available at https://pubwish.com/privacy

Creating an Account

Ensure your account details are accurate and safeguard your account diligently. You hold responsibility for all activities under your account. Remember, you must be at least 13 years of age to utilize Pubwish Inc’s services.

• Registration Process: To access the Services, you’ll need to set up an account. Commit to giving us precise, comprehensive, and up-to-date account details. We might use this information to reach out to you.
• Security Measures: Guard your account vigilantly, ensuring unauthorized individuals can’t access it or its credentials. Should you detect or even suspect any unauthorized access or misuse of your account or its details, alert us immediately. Any actions under your account fall under your responsibility. We won’t be held accountable for your actions or negligence related to your account.
• Age Restrictions: Our services aren’t designed for children younger than 13. By using our services, you confirm that you’re 13 or older. If you’re under 18, you’ll need the consent of a parent or guardian to agree to this contract. Depending on your location, they might have to agree on your behalf.

Your Responsibilities

You’re accountable for the content you share on Pubwish Inc. Ensure that all content is legally permissible. Abide by our guidelines and refrain from any unlawful activities. Be mindful that some shared content could be publicly visible, so be discerning. And while Pubwish Inc offers an array of features, we don’t provide legal counsel.

• Content Permissions: Assert that you possess all rights to your user-generated content or maintain the necessary permissions to legally share, display, transfer, and license your content via our services. If we use your content as this agreement permits, you assure us that this won’t infringe on third-party rights, including but not limited to copyrights, trademarks, privacy rights, or other intellectual and proprietary rights. Remember, content on Pubwish Inc may be guarded by others’ rights; don’t share or replicate content unless you’re permitted.
• Adhere to Our Guidelines: Your behavior and content should align with our guidelines and terms. We might evaluate your actions and content against these, but aren’t obligated to. We bear no responsibility for user content.
• Compliance with Laws: Confirm that your use of our services complies with all pertinent regulations, including US export controls.
• Thoughtful Sharing: Our platform allows you to share content with others, even on social media. Think twice before you share. We’re not responsible for your sharing decisions.

4 Ownership, use and intellectual property rights

4.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, save as set out in this Clause 4. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

4.2 You own the rights in User Content submitted by you to the Site and you grant to us a worldwide, non-exclusive, perpetual, royalty free right to use such User Content for the purposes of operating and displaying the Site. If you delete User Content from the Site we are still entitled to retain archive copies of such deleted User Content for purposes of archiving or back-up only. Uploading User Content is at your sole risk and you are advised to consider in advance whether you wish to publish such User Content through the Site. We are not responsible for any loss or damage whatsoever arising as a result of your decision to publish User Content through the Site.

4.3 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

4.4 We retain ownership of copyright and other intellectual property rights in the free templates offered in our Web Services for authors and writers. 

Copyright

We honor copyright laws and address copyright infringement claims following our established policy. We expect you to respect intellectual property as well. If you believe there’s been a copyright infringement, report it as outlined in our Copyright Policy. We might remove alleged infringing content and end accounts of repeat offenders, without offering refunds.

Our Rights

For Pubwish Inc to function efficiently and maintain its security and integrity, we need to retain control over our services.

• Reserved Rights: We can, at our discretion and without notifying you (unless required by law), change our services, limit access to our services, suspend or discontinue our services, restrict or terminate your access, or change eligibility criteria for our services.
• Handling Ownership Disputes: Occasionally, account or site ownership becomes a point of contention, perhaps between an employer and employee or between a designer and client. We aim to stay out of these disputes, but we might determine and transfer ownership. If we can’t determine the rightful owner, we might suspend the account or site until the matter is resolved. We might also ask for documentation to help determine ownership.
• HTTPS Encryption: We might offer HTTPS encryption for your sites. If you register a custom domain through us, you grant us permission to create and maintain a certificate to provide HTTPS for your sites.

Our Intellectual Property

Pubwish Inc is safeguarded by various intellectual property regulations. This section outlines our ownership and sharing policies.

• Ownership of Pubwish Inc: Our services are protected by copyright, trademark, and other international laws. This agreement doesn’t grant you any rights to our services, trademarks, or any other intellectual property. You agree not to alter or derive works from our services.
• Free Use of Your Feedback: We appreciate your feedback and suggestions. You agree that we can use this feedback without any constraints or obligations to you.
• Demo Content Usage: We might offer templates featuring demo content for inspiration. This content is for personal use unless specified otherwise. You agree not to distribute or publicly display demo content.
• Beta Versions: We might introduce products or features still in testing. These are identified as beta or preview versions and might not be as reliable as our regular services.
• Open Source Software: We value open source software. Some software in our services might be under an open-source license, which we’ll make available to you. Some open-source license terms might override parts of this agreement.

5 Submitting information to the Site

5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions and accept that, if you do, the provisions of clause 5.2 will apply. 

5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

Your Content

Connecting content to Pubwish Inc doesn’t relinquish your ownership. However, you do grant us permissions required to deliver our services. For instance, if you connect a photo gallery, you authorize us to store and display it as directed by you. We might also highlight or promote your site, but you have the option to decline.

• Ownership Remains Yours: Users can submit various types of content to us, from text and images to audio and video. You retain ownership. This agreement doesn’t grant us any rights to your content, except for specific rights that help us provide and enhance our services.
• Your Grant to Us: When you submit content, you provide Pubwish Inc with a non-exclusive, global, ongoing, royalty-free, transferable license to use, host, save, modify, and distribute the content. This is solely to let us provide and refine our services.

6 Accuracy of information and availability of the Site

6.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any specific purpose. Any reliance that you may place on the information on the Site is at your own risk.

6.2 We may suspend or terminate operation of the Site at any time as we see fit.

6.3 [You may have certain legal rights when using the Site (such as if the Online terms and conditions for the supply of goods apply to you). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online terms and conditions for the supply of goods.]

6.4 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

6.5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

7 Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third partywebsite does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Third Party Services, User Content, and Pubwish Inc Affiliates

If you engage with another service on Pubwish Inc, follow an external link, or collaborate with someone you find on Pubwish Inc, the interaction is between you and the third party. We’re not responsible for such interactions. Also, our users upload a lot of content. We’re not responsible for that content either.

• Third Party Services: Our platform integrates with various third-party services that might offer you their content or products. These services have their terms, which you’ll need to follow. We don’t control these third-party services and aren’t liable for them or any transactions you might have with them. Ensure your security when using third-party services.
• Links to External Sites: We might provide links to third-party websites. Accessing these sites is at your discretion and risk. We don’t control or accept liability for these external sites.
• User Content: We haven’t checked all user content available through our services. The platform might host user content that’s objectionable, erroneous, violates third-party rights, is harmful, or comes with additional terms. We don’t endorse user content and aren’t responsible for its accuracy or harm potential. Be cautious and protect yourself and your devices from potentially harmful content.

8 Fees

8.1 Pubwish and our Website Builder facility is offered on either a free or a paid basis. The free version has limited functionality and some features available on the paid-for version are not available in the free version

8.2 You may purchase a paid membership of Pubwish from https://pubwish.com/. You may purchase a paid membership of our Website Builder from https://pubwish.com/ Our subscription fees (“the Fees”) are as stated at https://pubwish.com/.

8.3 If you are in arrears with any Fees we may withdraw access to the paid version of Pubwish and our Website Builder [on notice to you] until all outstanding Fees are paid. 

8.4 The Fees shall be reviewed by Pubwish Inc from time to time. Any increase in the Fees shall be communicated to you in advance. Price changes will come into effect at the start of the next subscription period following that date of the price change. If agreement is not reached within 14 business days of us notifying you of the proposed increase, we will be entitled to increase the Fees. If you do not agree with the price change, you have the right to reject the change by unsubscribing from the paid membership of Pubwish prior to the change taking effect. 

9 Termination 

9.1 You have the right to terminate your account at any time by uninstalling the App or emailing us atcontact@pubwish.com

10 Limitation on our liability

10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

10.1.1 losses that:

(a) were not foreseeable to you and us when these Terms were formed; or

(b) that were not caused by any breach on our part;

10.1.2 business losses; 

10.1.3 loss of profits, business or anticipated savings;

and

10.1.4 losses to non-consumers.

18.2 Our liability for any other costs and damages whether arising out of breach of these Terms, in tort or under any legal theory whatsoever shall be capped at 125% of the monies paid by you to us or [$500] whichever is higher.

Limitation of Liability

Should any adverse situations arise from your use of Pubwish Inc, our liability is limited. We’re not liable for indirect, special, incidental, consequential damages, loss of profits, data, goodwill, or any other intangible losses. This covers any issues related to access, use, content, or third-party interactions. If local laws don’t allow such limitations, they might not apply to you.

Indemnification

If your actions or negligence lead to legal proceedings against us, you’ll cover the associated costs. You’ll indemnify and shield Pubwish Inc from all damages, losses, and expenses resulting from breaches of this agreement, your content, or violations of any laws or third-party rights.

11 Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Warranty Disclaimers

We’re dedicated to offering an excellent Pubwish Inc experience. However, our services are provided “as is” without any warranties. We offer no explicit or implied warranties about our services. We don’t guarantee that our services will be timely, free from interruptions, meet your expectations, or be devoid of harmful components. If local laws don’t allow such disclaimers, they might not apply to you.

12 Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

13 Variation

These Terms are dated [September 5, 2023]. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

Term and Termination

Either party can conclude this agreement whenever they wish. This agreement stays active until either you or we decide to terminate it. To end this agreement, you can contact our support team or simply cease using our services. We can suspend or terminate our services anytime at our discretion, without notice. If you breach these terms or our usage policy, we might suspend or terminate your access. Sections of this agreement that inherently should persist, will do so even after termination.

14 Disputes

14.1 We will try to resolve any disputes with you quickly and efficiently.

14.2 If you are unhappy with us please contact us as soon as possible.

14.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

14.3.1 let you know that we cannot settle the dispute with you; and

14.3.2 give you certain information [required by law] about our alternative dispute resolution provider. [You may also use the online dispute resolution (ODR) platform to resolve the dispute with us.]

14.4 If you want to take court proceedings, the relevant courts of the United States will have exclusive jurisdiction in relation to these Terms.

14.5 Relevant United States law will apply to these Terms.

Dispute Resolution

Before lodging a claim against Pubwish Inc, you agree to attempt an informal resolution. All formal disputes must be resolved through arbitration, unless you opt out. You can only bring claims individually, not as part of a collective action.

15 Additional Terms

15.1 This contract represents the complete agreement between us regarding your use of Pubwish Inc. If we make any significant changes that diminish your rights, we’ll inform you. Note that the English version of this agreement is the definitive version.

Contact

Please contact us if you have any questions about this privacy notice or the information we hold about you.
Also, please visit https://pubwish.com/contact to request we delete your data.

Pubwish Inc
1032 E BRANDON BLVD #8881
BRANDON, FL 
33511
United States
Website: https://pubwish.com
Email: contact@pubwish.com
Phone number: 9782959849