Pubwish - The Writer's Platform

Terms and Conditions

 

  • About our Terms
    • These Terms explain how you may use this website (the Site).
    • References in these Terms to the “Site” means https://pubwish.com/ and all associated web pages.
    • You should read these Terms carefully before using the Site.
    • 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.
    • If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
    • If you have any questions about the Site, please contact us by e-mail at contact@pubwish.com.
    • Definitions
Content

means any text, images, video, audio or other multimedia content, software or other information on the Site;

 

“Individualised Spaces” unique and identifiable websites, blogs or other personal spaces created and identified as under the control of a specific user of the Site or Services;
“Services”

the web services which we offer to users from time to time as further specified in our online documentation which can include web services such as website hosting, templates, storage space and upload capability, the ability to message and communicate with other users, promote social profiles, conduct surveys, invite reviews or critiques and offer online tuition:

 

Site has the meaning given to it in clause 1.1;
Terms means these terms and conditions of use as updated from time to time under clause 13;

Unwanted Submission

“User Content”

has the meaning given to it in clause 5.1;

Content submitted by users of the Site;

we

means Pubwish Inc, a company registered in the United States under company registration number 6039757, the registered office of which is at 16192 Coastal Highway, in the city of Lewes, County of Sussex, Delaware

(and us or our shall have the same meaning); and

you means the person accessing or using the Site or its Content (and your shall have the same meaning).
  • Using the Site
    • The Site is for your use only.
    • You agree that you are solely responsible for:
      • all costs and expenses you may incur in relation to your use of the Site; and
      • keeping your password and other account details confidential.
    • 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.
    • 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.
    • 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.
    • As a condition of your use of the Site, you agree not to use the Site or any Individualised Spaces created using the Services:
      • for any purpose that is unlawful under any applicable law or prohibited by these Terms;
      • to commit any act of fraud;
      • to distribute viruses or malware or other similar harmful software code;
      • for purposes of promoting unsolicited advertising or sending spam;
      • to simulate communications from us or another service or entity in order to collect identity information, authentic credentials, or other information (‘phishing’);
      • in any manner that disrupts the operation of the Site or business or the website or business of any other entity;
      • in any manner that harms minors;
      • to promote any unlawful activity;
      • to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
      • to gain unauthorised access to or use of computers, data, systems, accounts or networks;
      • to attempt to circumvent password or user authentication methods;
    • 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.
    • 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 Spaceor communication by you must be:
      • your own original work and lawfully submitted;
      • factually accurate or your own genuinely held belief;
      • provided with the necessary consent of any third party;
      • not defamatory or likely to give rise to an allegation of defamation;
      • not offensive, obscene, sexually explicit, discriminatory or deceptive; and
      • unlikely to cause offence, embarrassment or annoyance to others.
    • 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.
  • Your privacy and personal information
    • 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.
    • Our privacy policy is available at https://pubwish.com/privacy.
  • Ownership, use and intellectual property rights
    • 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.
    • 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.
    • 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.
    • We retain ownership of copyright and other intellectual property rights in the free templates offered in our Web Services for authors and writers.
  • Submitting information to the Site
    • 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.
    • 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.
  • Accuracy of information and availability of the Site
    • 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.
    • We may suspend or terminate operation of the Site at any time as we see fit.
    • [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.]
    • 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.
    • 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.
  • 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 party website 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.

  • Fees
    • 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
    • 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/.
    • 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.
    • 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.
  • Termination
    • You have the right to terminate your account at any time by uninstalling the App/email to us at contact@pubwish.com.
  • Limitation on our liability
    • 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:
      • losses that:
        • were not foreseeable to you and us when these Terms were formed; or
        • that were not caused by any breach on our part;
      • business losses;
      • loss of profits, business or anticipated savings;

and

  • 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.

  • 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.

  • Rights of third parties

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

  • Variation

These Terms are dated [insert date on which the Terms were last updated]. 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.

  • Disputes
    • We will try to resolve any disputes with you quickly and efficiently.
    • If you are unhappy with us please contact us as soon as possible.
    • If you and we cannot resolve a dispute using our complaint handling procedure, we will:
      • let you know that we cannot settle the dispute with you; and
      • 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.]
    • If you want to take court proceedings, the relevant courts of Delaware in the United States will have exclusive jurisdiction in relation to these Terms.
    • Relevant United States law will apply to these Terms.

Date of Last Revision: April 15, 2022.