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YUDU Terms of Use

Your use of our sites is subject to the following terms of use.


Purpose

Our websites are designed to allow authors/editors/publishers /photographers/artists/musicians/songwriters (collectively, "Authors") a wider distribution of their work to the benefit of interested readers/viewers/listeners ("Readers") by making them available on the internet and the ability to sell their work to a third party purchaser. Anyone who accesses our sites, whether as an Author, a Reader, seller, reseller or buyer, is regarded as a "User" and is subject to these Terms of Use ("Terms"). Your use of our sites constitutes your binding acceptance of these Terms, as we may modify them from time to time by posting revised Terms on our sites.

Please be aware that individual Authors may impose additional terms upon Readers accessing their work.

By using our websites, you acknowledge that your use is subject to these additional conditions, which are incorporated into these Terms by reference. All rights that we have reserved with respect to these Terms also apply to any additional terms imposed by any Author.

As part of our right to establish the rules governing our websites, we may, but are not required, to take any of the following actions if we regard them as necessary. We may do so in our discretion and we are not required to give notice: (1) suspend, terminate or otherwise limit or restrict your access to all or any part of our websites; (2) change, suspend, or discontinue all or any part of the services we provide; (3) decline to make content available on our websites or remove content once it is available or (4) deactivate accounts and all related information and files.

By using our websites, you agree that we will not be liable to you or any third party for taking any of the above actions.

Our sites may contain links to other sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, we do not express any opinion with respect to such sites, and we are not responsible for any changes to or content on them. You are responsible for all interaction with third parties, including any commercial transactions. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties.

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Content

Authors are solely responsible for all content they make available on our sites. YUDU is not responsible for links to 3rd party websites and any content found on those websites. YUDU sites allow Authors of content the ability to keep content in private areas for their own personal viewing. Content in these areas whether documents, audio, photographs, flash or video can be legally purchased copyright material that is stored and viewed by the user for his/her own personal use. Any Author who elects to makes content public certifies that he/she owns all intellectual property rights in the content and grants us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licencable licence to use, reproduce, distribute, publicly display, transfer, transmit, distribute, and publish content for the purposes of (i) displaying content on our sites, (ii) distributing content by any means to users seeking to access it, and/or (iii) storing content. This license shall have the widest possible application. It will apply to the distribution and the storage of content in any current or future medium.

Content may be offensive or inaccurate. Readers bear all risks associated with using any content. We have the right, but not the obligation, to remove any content that may violate these Terms or that is otherwise objectionable.

An abuse reporting system is operational on our websites and for all YUDU Freedom publications, which provides Readers with a mechanism to highlight offensive material, adult content or copyright infringements. YUDU Ltd will consider all alleged reports of abuse but is not obliged in any way to remove or suspend the publication on the basis of the report alone. The decision to suspend publications is at the sole discretion of YUDU Ltd and will be taken in accordance with the Content Abuse Guidelines

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Privacy Policy

All of the information that we collect from you is subject to our privacy policy.

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Selling and Buying

YUDU provides a platform for buyers and sellers to complete transactions of digital products and the following rules apply. If any of these rules are violated YUDU has the absolute right to act without reference or consultation. In general YUDU will follow the TRANSACTION ABUSE guidelines. The user will not:

  1. Use our YUDU Express site if you are not capable of entering legally binding contracts, are under the age of 18, or are suspended from our sites;
  2. Interfere with other user's content;
  3. Circumvent or manipulate price and fees owed to the authors and publishers or the commission fess owed to resellers or any part of the billing process, or fees owed to YUDU;
  4. Transfer your YUDU Express account and User ID to another party without our consent;
  5. Post for sale illegal content or malicious software.

The seller is solely responsible for setting the price of the item, either by setting the selling price or the unit income the seller receives after costs are deducted.

The seller is responsible for the payment of all taxes on the monies received from the sale of any product displayed on the YUDU sites that may or may not become due.

YUDU allows resellers to market and sell other authors' content by default and receive commission from the Author on any sales made. The Author has the right to select the option at the time of posting the item for sale to prevent other parties from selling content other than from the YUDU site or the Author's own library.

By selling a product through the YUDU website the seller is entering into 3 contracts 1) the contract with the buyer 2) a contract to pay commission to YUDU for services and 3) where appropriate, a contract to pay commission to the reseller.

The seller agrees that YUDU will deduct from the price paid by the buyer the YUDU Standard Costs and if relevant the small transaction surcharges as set out in the YUDU costing schedules and any commissions owed to resellers.

The service charges made by YUDU to the seller are inclusive of sales tax and VAT. Payment of these taxes where applicable are the responsibility of YUDU.

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Settlement of transactions

Payment to authors and publishers are made on the 28th day of the month for items sold from the 14th day of the proceeding month to the 14th day of the current month.

Should a valid complaint be received by YUDU from the buyer prior to the settlement date, YUDU reserves the right to suspend this payment until the dispute has been resolved.

Payments will only be made if the balance at the 28th of the month exceeds £20. If it is below £20 the balance will be carried forward to the following month.


Account closure

A period of 30days notice is required to close an account. Notice of closure must be by email to service@yudu.com

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YUDU Ltd

YUDU is a registered product name of Yudu Ltd trading as Yudu Media.

The registered office of Yudu Ltd is :-
Primrose Studios
Primrose Road
Clitheroe
Lancs
BB7 1BT

VAT registration number: GB 818 2681 15

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Embedded Libraries and Affiliate Selling

YUDU allows personal libraries to be embedded on third party websites. YUDU does not accept any liabilities or responsibilities in respect of the content of the third party websites.

Subscribers to YUDU Express can earn referral fees on the sale of publications, music and photos that have been promoted in these embedded libraries. Should a sale be completed that originated from an embedded library or an embedded YUDU document, a commission is earned and payable by the author to the library owner. If the sale is made through the Author's embedded library, then no commissions are due. Referral commissions is also be earned on the upgrade fee to YUDU Express and any other purchase of items on the YUDU site where the Author has agreed to pay a referral fee. (shown on the Item summary page of the item). The above commissions are paid only if a sale occurs within 30 days of the new user arriving at the YUDU site via the embedded library or content and is set at 10% of the selling price.

Commission payments earned will be added to the YUDU Express account and paid out in accordance with the terms set out in SELLING and BUYING.

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Information

You will provide us with true, accurate, current, and complete information in response to any request. It is your responsibility to update your information. Do not reveal share any passwords or account information. Tell us if someone is using your password or account. Failure to do so absolves us of all responsibility we may have. You may be asked for your country of residence to determine any tax liabilities.

You will not post, tag or categorize any items on YUDU in an inappropriate or misleading fashion designed to misdirect other YUDU users.

The technology and the software underlying our sites is the property of YUDU Ltd, its affiliates and licensors. You have no interest in this property. You cannot disclose, use, copy, modify or transfer it in any way without our prior express written permission. Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than those approved by us. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

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Conduct

It is impossible to list all the forms of prohibited conduct. We will fully cooperate with all law-enforcement requests or requirements relating to your use of our sites. We reserve the right to determine what conduct is prohibited. The following are only meant as examples of prohibited conduct:

  1. Violating the legal right of others or otherwise violating the law in any way; this includes illegally downloading files, making false statements including use of false identities and/or affecting use of the sites by others - you are responsible for knowing whether your actions violate this prohibition;
  2. Transmitting information that may affect the operation of another person's system, such as files that contain viruses or corrupted files;
  3. Advertising (including contests) without our express prior written consent [inside editions this should be allowed]; and/or
  4. Interference with our sites, including overloading.

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Offensive and Adult Guidelines

All content uploaded to YUDU sites including but not exclusive to material used to create digital publications must adhere to the laws of the country from where the material is uploaded and must not breach any laws in the United Kingdom and United States of America. YUDU does not allow the use of offensive material or adult content (outside of YUDU Store's contained mature area) and YUDU reserves the right to de-publish any material without notice that does not comply with the Content Abuse Guidelines.

Adult content can only be published in the mature section of the professional YUDU Store. Readers must confirm that they are 18 years of age or above to access this area and the adult content is only visible after purchase of the material.

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Indemnification

You hereby agree to indemnify, defend and hold YUDU Ltd and all of our shareholders, officers, directors, owners, employees, agents, partners, affiliates, licensors and/or Users (collectively, the "Indemnified Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any claim directly or indirectly arising from your use of our sites in any way.

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Exclusions and Limits

We are not responsible for any loss of any type arising from the use of our sites, whether or not arguably within our control.

We do not warrant that our sites will be uninterrupted or error free. In addition, we do not make any warranty as to the content on our sites. Our sites and their content are distributed on an "as is, as available" basis. Any material obtained through our sites is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results, directly or indirectly, from your use of our sites. Neither we nor any of our affiliates or licensors makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to our sites or any aspect thereof. Without limiting the generality of the foregoing, neither we nor any of our affiliates or licensors makes any representation or warranty that our sites will meet your requirements, be uninterrupted, timely, secure, or error free, or that any errors will be corrected. You assume the entire risk or all potential loss, damage or liability with respect to your use of our sites. Neither we, nor any of our affiliates or licensors shall be liable for any direct, indirect, incidental, special, or consequential damages arising directly or indirectly out of the use of our sites or the inability to use our sites, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages in such states, our liability shall be limited to the greatest extent permitted by law.

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Dispute Resolution

YUDU Ltd may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the London Court of International Arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in London, England, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in England, necessary to protect the rights or the property of you or YUDU Ltd or any YUDU Party, pending the completion of arbitration.

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YUDU Media Copyright Notice

All editorial content and graphics on our sites are protected by UK, U.S. copyright, international treaties, and other applicable copyright laws. Authors agree to publish on YUDU under a Creative Commons licence, http://creativecommons.org/licenses/by-nc-nd/3.0/us/ which allows copying and distribution but no alterations or reselling. (this licence may not apply in all countries). The buying and selling of content on YUDU sites are transactions between the Author and buyer.

YUDU encourages intellectual property right owners to regularly check the site for any violation of their copyright. YUDU provides a variety of tools to help you check that your copyright is not infringed. You can search the site for key words and phrases and view any document in which these are found.

If you believe your copyright has been violated, you should take the following steps:

  1. Contact the person who uploaded your copyrighted content.
  2. ask the owner to make the content Private. YUDU has designed the site so that if a document is made private by the person who uploaded the file then it is immediately removed from the main YUDU library and all user's Libraries.
  3. If the item is being sold, then ask the user to remove it from sale.

To find the user, click on the content (document, audio file or photograph) and you find the user's details.
You can make a comment on the Item Summary Page or use the YUDU internal mailing to send the user a message.

As a courtesy to owners of intellectual property rights, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our site. If you believe that your intellectual property rights have been violated by YUDU Ltd or by an Author who has displayed content on our site, please report the infringement using the Report Abuse form, accessed via the publication in question or on the YUDU.com website. Please provide the following information to assist our enquires:

  1. A list of the actions you have taken with the Author and the responses.
  2. A description of the copyrighted work that you claim has been infringed and a description of where it is located on the site.
  3. An address, a telephone number, and an e-mail address where we and the Author can contact you.
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law.
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.
  6. Your electronic or physical signature.

You understand that claims of infringement may be difficult if not impossible to resolve. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. If a dispute cannot be resolved, we reserve the right to make private or remove your content along with that of the alleged infringer pending resolution of the matter.

If your materials have been removed based on the complaints of another party, we will provide you with notice. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue.

Should copyright violation be proved or in the sole opinion of YUDU copyright has been violated, YUDU reserves full rights to close accounts, restrict access or refuse applications for new accounts by the transgressor for a period of time to be determined at the sole discretion of YUDU. Should this involve closing accounts of the transgressor with positive balances, moneys due will be forfeited and funds paid to a registered charity.

If you believe your copyright material is being used on this Web site without permission, please use the Report Abuse system on the publication in question or on the YUDU.com site

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Amendments

YUDU may modify this Agreement at any time and will do so by posting the amended terms on YUDU.com. Amended terms will be effective 14 days from being posted.

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