Thank you for using NETTPRESS and the sites powered by it!
These General Terms of Use apply when you use the services of NETTPRESS, TM. or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”). The Terms include our Service Terms, Sharing & Publication Policy, Usage Policies, and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with NETTPRESS; (iv) except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies; (vii) buy, sell, or transfer API keys without our prior consent; or (viii) if you are using the API in connection with a website or application directed at children, send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by NETTPRESS.
(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, NETTPRESS hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. NETTPRESS may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for NETTPRESS or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
(c) Use of Content to Improve Services. We do not use Content that you provide to or receive from our API (“API Content”) to develop or improve our Services. We may use Content from Services other than our API (“Non-API Content”) to help develop and improve our Services. You can read more here about how Non-API Content may be used to improve model performance. If you do not want your Non-API Content used to improve Services, you can opt out by filling out this form. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
(a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize NETTPRESS and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in AUD dollars and are due upon invoice issuance or through online checkout. Payments are nonrefundable except as provided in this Agreement.
(b) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. NETTPRESS uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
(c) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
(d) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact info@nettpress.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
(e) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.
(a) Confidentiality. You may be given access to Confidential Information of NETTPRESS, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that NETTPRESS or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to NETTPRESS and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
(b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact NETTPRESS and provide details of the vulnerability or breach.
(c) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using the NETTPRESS for the processing of “personal data” as defined in the GDPR or “Personal Information” as defined in CCPA, please fill out this form to request to execute our Data Processing Addendum.
(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution) or 9 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 3 and 5-9.
(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION. You and NETTPRESS agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes.
(b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against NETTPRESS, you agree to try to resolve the dispute informally by sending us notice at info@nettpress.com of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, NETTPRESS will NOT pay them for you. NETTPRESS will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Brisbane, Queensland Australia or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
(e). Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
(f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
(g) Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against NETTPRESS or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.
(h) Severability. If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.
(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and NETTPRESS or any of NETTPRESS’s affiliates. NETTPRESS and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(b) Use of Brands. You may not use NETTPRESS’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
(c) U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
(d) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
NETTPRESS, TM.
11 Parkside Street
Cleveland, QLD 4163
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
(e) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
(f) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
(g) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. NETTPRESS accepts service of process at this address: NETTPRESS, TM., 11 Parkside Street, Cleveland, QLD 4163, Attn: info@nettpress.com
(h) Waiver and Severability. If you do not comply with these Terms, and NETTPRESS does not take action right away, this does not mean NETTPRESS is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(i) Export Controls. The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. or Australian embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. or Australian Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.
(j) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to NETTPRESS and its affiliates, and NETTPRESS shall have the right to seek injunctive relief against you in addition to any other legal remedies.
(k) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and NETTPRESS regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and NETTPRESS on that subject.
(l) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of Queensland. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Queensland Australia.
Nettpress Publishing Terms
Welcome to Nettpress Publishing
1. Hi, we’re Nettpress TM and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Nettpress’ it’s because that’s who we are and we own and run the Nettpress Publishing sites.
2. Nettpress’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our publishing community. You will have a Nettpress Publishing account that will allow you to buy and sell items like the ones found on the Nettpress Publishing sites and make other related transactions. You can also buy items on Nettpress Publishing as a Guest.
3. The Nettpress Publishing sites are platforms that allow members to buy and sell digital (and occasionally physical) books and services to use. Digital items like PDF, Rich PDF, Mobi, Ebook, Audio versions of books or services like editing, proofing and much, much more. On Nettpress Publishing, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. Subcription fees are the cost associated with providing this facility for transactions to take place upon. Sometimes referred to as an online Marketplace. If you have an Nettpress Publishing account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Nettpress Publishing (as a buyer) and by buyers via Nettpress Publishing to you (as an author). If you buy items as a Guest, then you will be emailed details of those payments.
4. The items on Nettpress Publishing are owned by the authors, not by us. We provide a platform; we do not take ownership of the items unless they are provided by us directly through our own author account “Nettpress Admin”.
5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Nettpress Publishing sites is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.
How browsing and membership works
6. Browsing: You need to be 13 years or over to browse the Nettpress Publishing sites. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Nettpress Publishing sites whether or not you’re a member.
Membership
7. Age: You need to be 13 years or over to become a member or to buy items as a Guest. If you’re under 13 you will need to get a parent or guardian to buy items as a Guest or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
8. Nettpress Account: Membership is free. When you become a member (not an author) you get a Nettpress account that is accessible from any of our Nettpress Publishing sites (and is also your Nettpress account for other Nettpress services). Your membership will allow you to ‘buy’ items from authors, participate in our online forums, and generally contribute to our ecosystem of Nettpress Publishing sites that help people get creative. Membership also gives you the opportunity to become an author (see section 31 – Becoming an Author) or earn referral income (see section 11 – Referrals and the NAC).
9. Guest Checkout: You may purchase an item from any of our Nettpress Publishing sites as a Guest. Unless otherwise stated, these terms and conditions apply to Guests in the same way they apply to buyers who have a Nettpress account. Guests don’t receive a Nettpress account, but can of course register for one at any time. If you buy items as a Guest, your access to our ecosystem will be limited.
10. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Nettpress Publishing account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the Nettpress Publishing sites including any activity that occurs in conjunction with your username and password, if you have a Nettpress Publishing account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
It is important that you understand your responsibilities as a member of our publishing community so please take the time to review this section and the Nettpress Publishing Terms carefully.
11. Referrals and the NAC: As a part of our Affiliate Program (the Nettpress Affiliate Club “NAC”), if you refer a new member to any of our Nettpress Publishing sites you may be eligible to receive affiliate income. You can find out more about the NAC and the terms applying to referrals here.
How buying items works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Nettpress Publishing.
12. What you’re buying:
13. The total price for an item on Nettpress Publishing is made up of:
The list price is made up of the item price and buyer fee, and is the price you see on an item page.
Transacting as a buyer:
14. If you have a Nettpress account, you can make payments in one of two ways: you can ‘Buy Now’ or you can buy Nettpress credits via your Nettpress account adding these credits to your Nettpress Wallet. If you buy an item as a Guest you will only be able to ‘Buy Now’ as Nettpress credits will not be available to Guests.
15. Nettpress credits: When you deposit money into your Nettpress account, it is converted by your financial institution from your currency to US Dollars. We then convert those US Dollars to Nettpress credits available for use in your Nettpress Wallet. One (1) Nettpress Credit is equal to one (1.50) US Dollar averaged across the different value packages available for purchase.
16. Nettpress credits can only be used to pay for Nettpress transactions. We do not generally refund any monies deposited to your Nettpress account to buy Nettpress credits (but you may have rights under an applicable consumer law, which we don’t exclude).
17. If you choose to buy using Nettpress credits, the total price will be deducted from your Nettpress credits.
18. Instead of using Nettpress credits, you can choose to Buy Now through the Stripe secure payment gateway and you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the item price or as a merchant transaction fee that we may hand onto the Author.
19. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Nettpress Publishing. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from Nettpress Publishing, which we have no control over.
20. Terms of buying: When you buy a Nettpress Publishing item you’re doing so on the following terms:
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
21. Promises we make:
22. Promises authors make: The author of an item you buy promises you that:
This is what authors are promising you when you buy an item.
23. Taxes:
24. Nettpress credits expire: Nettpress credits expire if not used within 12 months from the date of deposit, and will be forfeited on the 12 month anniversary of the deposit date. If you deposit money to your Nettpress Wallet account at any time during that 12 month period before your Nettpress credits expire, the total balance of your Nettpress credits (that is, both the new deposit and the balance of any unused older Nettpress credits) will become available for a further 12 months from the date of the new deposit. If you don’t use your Nettpress credits within that further 12 months, the credits will be forfeited on the 12 month anniversary of the new deposit. We generally try to tell you beforehand when Nettpress credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under an applicable consumer law, we don’t exclude them.
If you haven’t used your Nettpress credits within 12 months they may expire.
25. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
Refunds
26. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the promises given by the author in section 22 has been breached, or a refund is required under the Nettpress Publishing Refund Rules or Australian consumer law or other relevant consumer protection laws. If you would like to request a refund email support@nettpress.com.
27. We will assess refund or credit requests (if you have a Nettpress account) on their merits, considering the digital nature of Nettpress Publishing items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
28. If the author or we decide to issue a refund or credit (if you have an Nettpress account), this will generally be done using the same manner used to make the purchase. So if the item was bought using Nettpress credits, you will be given credit in Nettpress credits; if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Nettpress credits) will be made in US Dollars, under the rules of the payment method (see section 19 – Currency conversion costs about currency conversion back to your local currency).
It is important that you understand how refunds work on Nettpress Publishing.
29. Disputes lodged with payment agents: If, as a buyer via your Nettpress Publishing account, you lodge a dispute with a payment agent, this will result in a freezing of your Nettpress Publishing account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Nettpress Publishing account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns via support@nettpress.com.
30. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere, your credits are not deposits under Australian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Becoming an author
31. Imagine publishing what you want, when you want, from the comfort of your own home, making income whether you’re working or not. Some of our authors sell stock items in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession. If you want to get involved in our community as an author find out how here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.
Intellectual Property
32. What we own: We own all the Nettpress content that we have put on Nettpress Publishing (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Nettpress Publishing sites, and copyright, trademarks, designs and other intellectual property on Nettpress Publishing. We own all the trademarks, logos, service marks and trade names on Nettpress Publishing (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Nettpress Content or use any of our intellectual property in any way not expressly stated in these terms.
33. What we don’t own: We do not own the items on Nettpress Publishing; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via Nettpress Publishing do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see section 22 – Promises authors make.)
34. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Content Policy.
Our Content Policy is where you will find all the information relating to how we treat intellectual property on Nettpress Publishing including copyright and other rights.
35. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.
Our use of your information
36. Privacy: We respect your privacy. When you become a member or buy items on Nettpress Publishing as a Guest you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Nettpress Publishing sites and their services, including marketing activities.
Our Privacy Policy explains how we deal with your information and it forms part of these terms.
37. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of Nettpress Publishing will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using Nettpress Publishing, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through Nettpress Publishing to any other person.
Playing fair
38. Prohibited Conduct: Nettpress is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on Nettpress Publishing but you promise that you will not:
39. We strongly recommend that you don’t make your contact details public on Nettpress Publishing or in any public communications via the Nettpress Publishing sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under section 38(c) – Prohibited Conduct and you do so at your risk!
40. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of Nettpress Publishing and any content might result in liability to us or anyone else.
41. Community participation: We take great pride in our global and thriving community—it’s part of what makes Nettpress Publishing such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Nettpress Publishing, please read the Community Terms of Service, as you agree to follow them as part of these terms.
Linking; apps made by others
42. Linking to Nettpress Publishing: We’d be delighted if you decide to link to Nettpress Publishing from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Nettpress Publishing. That includes no “in-line” linking methods resulting in images hosted on Nettpress Publishing being displayed on other sites. You must not “frame” any Nettpress Publishing pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to Nettpress Publishing be discontinued, and to revoke your ability to link to the Nettpress Publishing sites.
43. Links from Nettpress Publishing: The Nettpress Publishing sites may contain links to other non-Nettpress sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
44. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Nettpress Publishing. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
Legal Housekeeping
45. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Nettpress Publishing complies with these terms. We can suspend or terminate your Nettpress Publishing account at any time for any reason (acting reasonably of course) for any of the following reasons:
If we do decide to permanently terminate your Nettpress Publishing account you must not apply for a new account as unfortunately you will no longer be welcome in our community.
46. Nettpress Companies: If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit‘) is given in our favour in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other Nettpress Companies. We may enforce that benefit as trustee for and on behalf of the other Nettpress Companies as beneficiaries under that trust.
47. We may use the services of another Nettpress Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we (or another Nettpress Company or agent) receive the payment successfully.
Liability and indemnity – between us and buyers
48. We provide Nettpress Publishing sites, not the items on Nettpress Publishing sites.
49. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Nettpress Publishing and any content you post to Nettpress Publishing (including, if you are an author, your items).
50. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
51. Our liability to you in connection with Nettpress Publishing or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity – between authors and buyers
52. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
53. The liability of each author to their buyers is otherwise limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from wilful misrepresentations made about the item.
This means that the author’s liability to buyers is limited.
54. Availability: We strive to have Nettpress Publishing available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Nettpress Publishing, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Nettpress Publishing works. The Nettpress Companies will not be liable to you for any loss you suffer as a result of these things.
55. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
56. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express promises made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
57. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.
As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
58. US-specific controls. Nettpress Publishing is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Nettpress Publishing items to a U.S. sanctioned country or to anyone on the SDN list.
59. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments (see section 47), the authors’ providing warranties to buyers in section 22 – Promises authors make, to limit authors’ liability to buyers in section 54, and the disclaimer of authors’ liability to buyers in section 57 – Consumer laws.
60. Notices: Any notice you send us must be submitted via email at support@nettpress.com. Any notice we send to you will be emailed to your Nettpress Publishing account email address.
61. Changes to Nettpress Publishing Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Publishing Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Nettpress Publishing sites after the changes are made, then you will be agreeing to the changes.
62. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
63. Applicable Laws: We control and operate Nettpress Publishing from our offices in Australia. The laws of Brisbane Queensland, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Definitions
Author:
a member who makes items available for sale on Nettpress Publishing.
Buy:
includes downloading an item that is made available for free on Nettpress Publishing or that is purchased for you by another member.
Buy Now:
a way of purchasing an item using a payment provider and not using Nettpress credits
Buyer:
a person who ‘buys’ items on Nettpress.
Buyer fee:
the fee for the services buyers get from Nettpress like 24/7 support, fraud protection, item quality control and other related buyers’ services.
Nettpress:
Nettpress TM.
Nettpress Companies:
Nettpress and any company that controls, is controlled by or is under common control with Nettpress.
Nettpress content:
is all the content that we have put on Nettpress Publishing and includes the design, compilation, and look and feel of the Nettpress Publishing, and copyright, trademarks, designs and other intellectual property on the Nettpress Publishing (unless otherwise stated and excluding content owned by others like author content).
Nettpress Publishing:
When we refer to the ‘Nettpress Publishing’ we’re talking about Nettpress.com digital marketplace, which include these sites:
Site Name: | Accessible at: |
Nettpress | |
| AiGardenCare | aigardencare.com |
| AiStarSigns | aistarsigns.com |
| UniShark | unishark.au |
| Yorzit | yorzit.com |
| AiPetAdvice | aipetadvice.com |
| InstaVows | instavows.com |
Nettpress account:
what you receive when you become a Member which gives you access to any of the Nettpress Publishing sites.
Nettpress Author account:
what you receive when you become an Author which gives you access to any of the Nettpress Publishing sites as an Author publishing items for sale as part of our community sites.
EU Member State:
the countries listed here: http://europa.eu/about-eu/countries/index_en.htm
Guest:
a person who buys an item without having an Nettpress account.
Handling fee:
the fee buyers may pay when using a payment method other than Nettpress credits.
Item price:
the price buyers pay for the license to use an item, as detailed in section 13(a).
Item support:
the support an author agrees to provide Nettpress Publishing account holders for an item marked as ‘supported’ as detailed on the item support page.
Items:
goods found on Nettpress Publishing like Digital books or Authoring Services and much, much more.
List price:
the price you see on an item page on Nettpress Publishing, which is made up of the item price and buyer fees.
Member:
a person who signs up by creating an account and accepting these terms.
Author’s statement:
the record of payments by you to Nettpress (as a buyer) and by Nettpress to you (as an author).
Payment method:
any payment agent or method we make available on the Nettpress Publishing sites.
Total price:
the price the buyer will pay in total, which consists of the item price, Nettpress’s buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 13.
Your content:
everything that you post on Nettpress, or send via Nettpress to other members and to us including items, files, communications and materials.
Version 1.2 – Effective date: March 10, 2017.
