Jason Feb-28 2009
January 12, 2010
Welcome to the 10sum.com (owned and operated by 10sum, Inc. (hereinafter “10sum”)) content management and file download platform consisting of web sites, services, software applications and networks that allows for the authorized download and distribution of written digital content over the internet (the “10sum Platform”).
The 10sum Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the 10sum Platform by 10sum. If you are using or opening an account on the 10sum Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE 10SUM PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the 10sum Platform is not intended for children under 13.
2. Privacy; Additional Terms.
Users who utilize 10sum’s Developer Platform or any of 10sum’s APIs are bound by the API terms of service. The 10sum API Terms are hereby incorporated into these Terms by reference.
Users who utilize 10sum’s program to buy or sell User Content through the 10sum Platform (the “10sum Store”) are bound by the Scribd Store Terms. The 10sum Store Terms are hereby incorporated into these Terms by reference.
3. Individual Features and Services.
When using the 10sum Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
10sum reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the 10sum Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the 10sum Platform. We will always make a reasonable effort to notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors’ and content holders’ rights, it is 10sum’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to 10sum ’s DMCA Notification Guidelines. Please note that 10sum will promptly terminate without notice any User’s access to the 10sum Platform if that User is determined by 10sum to be a “repeat infringer”. A repeat infringer is a User who has been notified by 10sum of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the 10sum Platform more than twice.
6. 10sum Platform License Grant.
6.1 License Grant to Upload.
Subject to Your compliance with the terms and conditions set out in these Terms, 10sum hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the 10sum Platform for the uploading and distributing of authorized digital content, including electronic documents (“User Content”).
User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, 10sum does not guarantee that there will be no unauthorized copying or distribution of User Content nor will 10sum be liable for any unauthorized copying or usage of the User Content.
6.2 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, 10sum hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed User Content for personal use subject to any express restrictions contained in the license under which such User Content is distributed.
6.3 Reservation of Rights.
10sum reserves all rights not expressly granted in these Terms.
6.4 Prevention of Unauthorized Use.
10sum reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the 10sum Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. User Content License Grant; Representations and Warranties.
7.1 Retention of Ownership
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You.
7.2 License Grant to 10sum.
a) By distributing or disseminating User Content through the 10sum Platform, You hereby grant to 10sum a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by 10sum . Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to the Scribd Store Terms (including, without limitation Section 6.4 thereof), the license granted by You in Section 7.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the 10sum Platform. Notwithstanding the foregoing (or anything else to the contrary in these Terms) any sublicenses granted and/or authorized by 10sum with respect to Your User Content prior to Your removal of such User Content from the 10sum Platform shall survive any termination or expiration of the license granted in Section 7.2(a) above.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
7.3 License Grant to other 10sum users.
By distributing or disseminating User Content through the 10sum Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such User Content for personal use in the manner contemplated by these Terms and the 10sum Platform. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the 10sum Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the 10sum Platform survive any termination or expiration of the license granted in this section 7.3.
7.4 User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize 10sum and 10sum’s Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by 10sum and these Terms;
(2) Your User Content does not and will not slander, defame, or libel any other person.
(3) The use of Your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and
(4) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Violators of these third-party rights may be subject to criminal and civil liability. 10sum reserves all rights and remedies against any Users who violate these Terms.
7.5 User Content Disclaimer.
You understand that when using the 10sum Platform You will be exposed to User Content from a variety of sources, and that 10sum is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against 10sum with respect thereto. 10sum does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and 10sum expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, 10sum may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, 10sum does not permit copyright infringing activities on the 10sum Platform.
8. Prohibited Conduct.
BY USING THE 10SUM PLATFORM YOU AGREE NOT TO:
8.1 use the 10sum Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the 10sum Platform as such services are offered by 10sum;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the 10sum Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the 10sum Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the 10sum Platform or User Content;