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Scribd Store Terms

Scribd Store Terms

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Published by Alexander Kugel

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Published by: Alexander Kugel on Apr 03, 2013
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SCRIBD STORE TERMS
 January 12, 2010Welcome to the Scribd , Inc. (hereafter referred to as "
Scribd
") content management platform consisting of theweb sites located at www.scribd.com and other web sites, services and networks owned or controlled by Scribd that allow for the authorized distribution of digital content over the Internet (the "
Scribd Platform
"). The Scribd
Platform allows certain users (“
 You
” or collectively “
Users
”) to buy and sell certain User Content
(as that term is
defined in the Scribd Platform Terms of Use) as described herein (the “
Scribd Store
”).
 By signing up for the Scribd Store or otherwise using or benefiting from the Scribd Store, You acknowledge thatYou have read, understood and agree to b
e bound by these Scribd Store Terms (the “
Agreement
”).
 
0. ELIGIBILITY 
In order to use the Scribd Store, You must: (i) register for an account on the Scribd Platform (Your “
ScribdAccount
”); (ii) be at least 18 years of age or older and, if You are using th
e Scribd Store on behalf of anorganization, You must be an authorized representative of such organization with the authority to bind suchorganization to these terms and agree to these terms on behalf of such organization; and (iii) Your Scribd Account must be active and in good standing (among other things, this means that Your account cannot berestricted or suspended.).Scribd reserves the right to refuse participation to any applicant or participant at any time in its sole discretion.
1. INCORPORATION BY REFERENCE
 
This Agreement is incorporated into and is subject to the Scribd Platform Terms of Use. Your use of the ScribdPlatform is subject at all times to this Agreement, the API Terms of Service, and the Scribd Platform Terms of Use. For information regarding how Scribd collects, uses and discloses Your personal information, please seethe Scribd Privacy Policy.When using the Scribd Platform, You will be subject to any additional posted guidelines or rules applicable tospecific services and features which may be posted from time to time (the "
Guidelines
"). All such Guidelines arehereby incorporated by reference into this Agreement.Capitalized terms not otherwise defined herein have the same meaning as in the Scribd Platform Terms of Use.In the event of any conflict between this Agreement and the  API Terms of Service,or the Scribd Platform Terms of Use, the terms of this Agreement shall take precedent.
2. CERTAIN RIGHTS OF SCRIBD.
Scribd will solely control the Scribd Store and all features and functionality thereof and will have the right tomodify, change, or amend the same at all times, in its sole discretion. Scribd reserves the right to exercisewhatever lawful means it deems necessary to prevent or rectify unauthorized use (including the distribution of unauthorized content) of the Scribd Store, including, but not limited to, technological barriers, IP mapping, directlycontacting Your Internet Service Provider (ISP) regarding such unauthorized use, and seeking legal actionagainst You. Scribd reserves the right to remove or delete any particular piece of User Content from the ScribdPlatform at any time, at its sole discretion, without cause and without notice to You. If Scribd removes or deletesa particular piece of User Content that You have purchased, Scribd reserves the right to revoke Your purchase. If Scribd revokes your purchase, Scribd may provide a refund to You at Scribd
’s sole discretion.
If 
 
Scribd removes any particular piece of User Content that you have purchased, Scribd may provide (at Scribd’s
sole discretion) to You a limited window of time in which to download such removed User Content.
3. PROHIBITED USES
In addition to the prohibited conduct described in the  API Terms of Service,and the Scribd Platform Terms of  Use, You hereby represent and warrant that You shall not, and shall not authorize or encourage any third partyto:(i) Share, copy, adapt, redistribute, reconfigure, modify, creative derivative works from, resell, profit from, or otherwise exploit any User Content purchased on or through the Scribd Store other than as permitted by Scribd;or (ii) act in any way that violates any Guidelines, or any other agreement between Scribd and Yourself, or engage
in any action or practice that disparages or devalues Scribd’s reputation or goodwill.
 You acknowledge that any attempted or actual violation of any of the foregoing is a material breach of this Agreement and that Scribd may pursue any and all applicable legal and equitable remedies against You,including an immediate suspension of Your account or termination of this Agreement, and the pursuit of allavailable civil or criminal remedies.
4. FEES.
 
4.1 Payments; No Reporting. In order to purchase User Content on or through the Scribd Store, a User must
 
possess either a valid credit card or a PayPal account(https://www.paypal.com). Subject to the deductions and
 
withholdings set forth in this Agreement, if a User purchases Your User Content on or through the Scribd Store,Scribd will remit to You eighty percent (80%) of the sale price, provided however that Scribd may deduct from thepayments to be provided pursuant this Section $0.25 per sale for credit card fixed costs and/or $0.15 per sale if  Adobe Digital Editions DRM is used. Payment shall be calculated solely based on records maintained byScribd. No other measurements or statistics of any kind shall be accepted by Scribd or have any effect under this Agreement. Any payments to You hereunder shall be sent by Scribd within approximately thirty (30) daysafter the end of each calendar month. If Scribd owes You less than $20 for sold User Content within a givenquarter, Scribd reserves the right, at its discretion, to roll Your revenue forward to the following quarter until $20 isreached. In the event the Agreement is terminated, Scribd shall pay any Your remaining earned balance to Youwithin approximately ninety (90) days after the end of the calendar month in which the Agreement isterminated. The payments made under this Agreement to You may not be transferred or in any manner passedon to any third party by You. You are solely responsible for providing and maintaining accurate contact andpayment information associated with Your account.4.2 Express Exemptions. Scribd shall not be liable for any payment if Your account information is not valid or up-
 
to-date, or based on a result of any breach of this Agreement by You.4.3 Chargebacks; Withheld Payments. Scribd reserves the right to charge back Your account for any of Your 
 
purchases if You breach of this Agreement (pending Scribd's reasonable investigation of any breach of this Agreement by You). In addition, Scribd reserves the right to withhold payment due to You forany amounts thatScribd decides to repay to Users in the event that Your User Content is removed from the site pursuant toSection 2 above and such Users are no longer able to access Your User Content for which they paid.
 
4.4 Tax Matters. You are solely responsible for determination and payment of any U.S. federal, state, local or foreign taxes including, but not limited to, any sales or use taxes, required to be collected or paid in connectionwith the transactions contemplated by this Agreement and You shall indemnify Scribd against any and all suchTaxes. Scribd shall be entitled to deduct and withhold from any payments pursuant to this Agreement in suchamounts as may be required to be deducted or withheld therefrom pursuant to any provision of U.S. federal,state, local or foreign tax law or any applicable legal requirement. To the extent such amounts are so deductedor withheld, such amounts shall be treated for all purposes under this Agreement as having been paid to theperson to whom such amounts would otherwise have been paid.(i) U.S. Taxpayers. If You are a U.S. taxpayer and receive payments from Scribd of $600 or more in a tax year,
 
Scribd will issue You an Internal Revenue Service (“IRS”) Form 1099 reporting such payments.
If requested byScribd, You will need to complete and return via fax or mail an IRS Form W-9 (Request for Taxpayer Identification Number and Certification). If You receive payments from Scribd of less than $600 in a tax year, it isYour responsibility to report such payments to the IRS.(ii) Non-U.S. Taxpayers. If You are a non-U.S. taxpayer and receive payments from Scribd, such payments shall
 
be treated as royalty payments to You for U.S. federal income tax purposes and subject to withholding tax in anamount equal to 30% of such payment. You may be eligible for an exemption or for a reduced rate of withholdingpursuant to an applicable tax treaty. If so, You must complete and submit a signed Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for U.S. Tax Withholding) to Scribd and establish Your eligibility for suchexemption or reduced rate of withholding.4.5 No Other Fees; Dispute of Payments. Except as expressly set forth in Section 4.1, above, no other fees or 
 
royalties will be payable by Scribd under this Agreement in connection with the Scribd Store, or the provision of other materials or services under this Agreement. Scribd may change its pricing and/or payment structure at anytime. If you dispute any payment made under the Scribd Store, you must notify Scribd in writing within thirty (30)days of any such payment; failure to so notify Scribd shall result in the waiver by you of any claim relating to anysuch disputed payment.4.6 Withholding Payments; Special Circumstances. Scribd reserves the right to withhold payment from You if (i)
 
Your User Content is removed by Scribd for any reason; (ii) Your Scribd Account is suspended or restricted or Your access to the Scribd Platform is disabled; (iii) You violate the  API Terms of Service,or the Scribd Platform Terms of Use, including any applicable Guidelines; or (iv) Your User Content is the subject of allegations of infringement or other violations of law or the rights of third parties.
5. CONFIDENTIALIT
You agree not to disclose the Confidential Information of Scribd without Scribd’s prior written consent.
For the
purposes of this section, “
Confidential Information
” includes without limitation: (a) software, technology,
specifications, guidelines, documentation or other materials relating to the Scribd Store; (b) rates or statisticsrelating the Scribd Store; and (c) any other information designated by Scribd as "confidential" or an equivalentdesignation, whether orally or in writing.
You may accurately disclose the amount of Scribd’s gross payments to
You pursuant to the Scribd Store.

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