Terms and Conditions for publishing Digital Content with Nobu.store

 

Nobu.store (hereinafter to be referred to as “Nobu.store/ We/ Us/ Our/”) enables any person to publish and sell/ rent Digital Content through its e-commerce platform. Persons who wish to upload (hereinafter to be referred as “Authors/ You/ Your” of their uploaded content) can upload their Digital Content, set its price and sell /rent it through Nobu.store to the Users who wish to purchase /hire the Digital Content to be read only on the mobile application “Nobu Reader” (hereinafter to be referred to as the “Readers”). Terms capitalised but not defined herein shall have the meaning ascribed to them in the Terms of Use.

 

By uploading your Digital Content on Nobu.store Website, you are agreeing to these Terms & Conditions (“Author T & C”) and to the Website Terms of Use, please read these Author T & C and the Website Terms of Use carefully. While using any current or future services offered by Nobu.store or any of its affiliates, whether or not included in the Nobu.store Website, You will abide by these Author T & C the guidelines and conditions applicable to such service or business.  
 
1.     Your Account:
 
(i) By providing your data at the time of registration with us you shall obtain a login ID and password. By agreeing to these Author T & C, You agree that all the information and documents provided by you are accurate and true to the best of your knowledge and you are not impersonating anyone or using any false information.
 
(ii)Protection of Your Account: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You shall be solely responsible for all activities that occur under your account or password.
 
(iii) Use by Children: Nobu.store does sell services for children, but it sells them only to adults. If you are under age of 18 years, You may use Nobu.store only with an involvement of a parent or a guardian. Nobu.store and its affiliates reserve the right to refuse services, terminate accounts, remove or edit contents, or cancel orders in their sole discretion.
 
 
 

2.     Privacy policy:

Please refer to our Privacy Policy for information on how We collect, store, use or disclose your data. Please read it carefully. It describes what information we collect from you and when, how and why We may create an account for You, who We share Your information with and when and how you can opt-out or delete your account. This is important information. By providing your personal details and by using our Website, you consent to our Privacy Policy.

 

3.   Digital content eligible for Upload:

 

The content that is convertible to portable data format (“pdf.”) can be uploaded with us. Hence only the files convertible into pdf. format are referred to as “Digital Content” for the purpose of our Website. Additionally, you may also add a front cover, a back cover, and a thumbnail with your upload.

The format of the Digital Content at the time of upload itself needs to be “.pdf”. 

The format of the front cover, back cover, and thumbnail needs to be “.jpg”. of specific dimensions.

However, it is at the option of the user to use front cover or back cover or thumbnail.

 

4.     Copyright of the Digital Content:

Unless specifically requested, Nobu.store does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. By submitting or sending or uploading Digital Content or other material to us you represent and warrant that the Digital Content is original to you and that no other party has any rights to the Digital Content. By submitting or sending Digital Content to us you grant us a limited, worldwide, temporary, revocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display such material “as is” worldwide for which you may or may not get paid by Nobu.store, depending upojn whether you choose to distribute the book for free or at a cost respectively. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Nobu.store and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.

 

References on the Website to services and products or supplied information or data provided by Nobu.store are on an "as is" and "as available" basis, without warranty of any kind, either express or implied. 

 

Nobu.store has the right but not the obligation to monitor and edit or remove any activity or Digital Content. We take no responsibility and assumes no liability for any Digital Content posted by you or any third party.

 

5.     Licence to Nobu.store:

Whatever you post/ submit/ upload to be published on our Website can exclusively be read on our mobile app “Nobu Reader”, it is available on the Google Playstore, Apple Appstore.

 

If you post/ upload Digital Content(s) or submit material(s), you grant Nobu.store and its affiliates a limited, worldwide, temporary, revocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material “as is worldwide. You grant Nobu.store and its affiliate sites and license the right to use the name that you submit in connection with such content or materials if Nobu.store chooses. Since this license is non-exclusive, you retain the rights to reproduce, publish, sell, modify, distribute or do anything else with your content. In the event you are using other platforms you should make sure that your use of Nobu.store does not violate their terms of services.

 

6.     Changes to Terms of Use:

We reserve the right to modify the Terms of Use at any time, and without actual notice to you. All such changes to these Author T & C will appear on the Website.

 

By using this Website following any modifications to these Author T & C, you agree to be bound by any such modifications to these Author T & C. If any changes to these Author T & C are unacceptable to you, you must discontinue use of the Website. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these Author T & C. We also reserve the right to change the Website without notice to you, at any time.

 

7.     Limited Liability:

Use of Nobu.store Website is at your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Website these efforts may fail and errors may occur. IN NO EVENT SHALL NOBU.STORE OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THE WEBSITE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, LOSS OF DATA OR PROFIT OR GOODWILL, REVENUE, ANY BUSINESS INTERRUPTION OR ANY DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE MATERIALS ON NOBU.STORE WEBSITE OR MOBILE APP(OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE DIGITAL CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER APPLICATION), ON ANY THEORY OF LIABILITY. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON WEBSITE CONTENT. THESE WAIVERS APPLY EVEN IF Nobu.store OR AN AUTHORIZED REPRESENTATIVE OF Nobu.store HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER UNDER ANY CONTRACT, TORT LAW FOR ANY LIABILITY ACCRUING US ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR USING THIS WEBSITE. 

 

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE AUTHOR T & C FAILS OF ITS ESSENTIAL PURPOSE.

 

SINCE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO THE CUSTOMERS WHO ARE RESIDENTS OF SUCH JURISDICTION.

 

WE ARE NOT RESPONSIBLE FOR ANY MISUSE OR PIRACY OF THE DIGITAL CONTENT.

 

8.     Publication Process:

Post submission of the Digital Content by the Author, the Digital Content is not immediately published on our Website, rather it goes for a verification process, where Nobu.store runs a quick check on the nature of the submitted Digital Content. This may typically take 1 to 5 business days, depending upon the length of the Digital Content and the timing of the submission.

 

Although, we have an editing panel as a part of our team which reviews your user ID and uploaded before approving its publication on our Website, you as an Author hold the full and complete responsibility of the Digital Content you upload. Nobu.store does not read the entire Digital Content of the documents during its process of approval you submit to upload but only runs a keyword search. Author has to ensure that the Digital Content submitted by him/her does not violate our Author T & C or the law of the land or anybody’s copyrights, rights to privacy etc. The Digital Content has to comply with all the existing terms on our Website. 

 

Our editing panel may reject the publication of your Digital Content on our platform during the process of approval. Though rejection is solely by the editing panel’s discretion, the following reasons may form the basis  of it:

 

o  Your Digital Content is communal in any way: your Digital Content can potentially instigate communal riots, protests, antagonist feelings in within a community or amongst communities.

 

o  Emulation of some other work: If you did not create everything in your digital content, the chances are you should not be publishing it. Items that may otherwise fall into public domain, fair use, creative commons or editorial purposes fall outside of our distribution partners guidelines. Political cartoons (that someone else drew), corporate logos, photos of celebrities, your favourite cartoon characters, lyrics from your favorite song, these are all going to cause you problems. If you are using something you did not create, you are required to have legal documentation showing your agreement with the consent creator/copyright holder.
 
o  Sexually explicit: Pornography, and erotica are not permitted. Anything containing nudity is subject to approval, but don’t be surprised if We let you know We can’t proceed with the digital content. If your written digital content contains scenes of non-consensual sex of any kind, We are unable to distribute it, regardless of context. We are subject to our retail partners guidelines for distribution. Please keep in mind that if We printed something for you before, We may not be able to handle distribution for that same content.
 
o  Personal copies: This covers things you may have been given permission by the copyright holder to print a personal copy of but fall outside of our guidelines. Examples include: Your favourite table top game rule book, fan fiction from the internet, your vehicles owner’s manual, an out of print book. If you are the creator of a game, piece of machinery, or the author of your own out of print novel, sure, We are happy to help. If it is fan fiction, you would have to modify all characters and settings from fictional places to set the book in your own fictional universe.
 
o  Hurt somebody’s religious or cultural beliefs: this cover things that reflect religious or cultural insensitivity in any form whatsoever. We are strictly against hurting any person or organisation’s religious or cultural beliefs therefore to uphold the religious and cultural sensitivity of our website, We disregard the publishing of such Digital Content.
 
o  Anti-national or seditious content: this covers the Digital Content that has statements or emotions against any nation. Sedition is punishable in legislations of most countries, hence We do not entertain any such incriminating Digital Content on our Website.
 
o  Others it is to be noted that while We run our verification of the Digital Content prior to uploading, We do not guarantee that our screening process of the Digital Content is 100% efficient and that such Digital Content will not be published at the Website at all. Our verification is a process oriented method wherein a quick search for suspicious keywords is conducted; and is capable of errors and omissions. Ultimately, the Author holds the responsibility of what he uploads for publication on our Website, despite our verification.
 
9.     Publishing Models:
An Author has an option of picking one out of two publishing models to publish his/ her Digital Content:
 

1.               Public Model, or

2.               Private Model

 

Public Model: Optimum for an Author who wants to make his/her Digital Content available for public without any restrictions regarding the viewers and yet have the right to control the time duration for which any viewer can hold his Digital Content. The Digital Content shared under this model is known as “Public Content”.

 

Private Model: Optimum for an Author who wants to publish privately making his/her Digital Content available to the limited viewers. The Author can pick the persons with whom he/she wants to, and the time period for which he/she wants to, share his/her Digital Content. The Digital Content shared under this model is known as “Private Content”. 

 

10. Price at which the reader will purchase your Digital Content:

The price at which you wish to sell /rent your Digital Content is for you to determine. 
The permitted minimum MRP on Nobu.store is:

 

i.      Public Model: you may also choose to distribute your content for free.

ii.     Private Model: While, there may be an MRP on the Digital Content uploaded through the private model, the Author subscribing fo private model sends his/ her Private Content to his/her selected list of readers free of cost.

 

11. Your Earnings:

Public Model: Nobu.store plays the role of an inexpensive publishing platform. Margin/Royalty that an Author receives after selling through us is 50% of the MRP fixed by him/ her. The minimum time duration for which an Author’s Digital Content is available at Nobu.store using the public model of publishing is 2 (two) days and the maximum time duration is 20 (twenty) days. There are multiple rental slots available in between the minimum and the maximum duration of the existence of the Digital Content which can be opted by the Author.

 

Private Model: This model is for private use of individuals and hence is not supported by any earning options. However, the Author opting for private model may note the subscription plan stated under clause 12 herein.

 

12. Payment Terms:

The Author may take his part of payments/ earnings from Nobu.store by sending a “Payment Request” email at info@nobu.store, with the subject “Payment Request”.

After the request is viewed and process by our team, Authors would be receiving the amount they have earned in their e- wallets which they may remit against other purchases as Readers on the Website or may request Nobu.store to liquidate it. The liquidation process has to be initiated at the end of the Author by making an email request to liquidate the wallet amount. After receiving the request, We shall transfer the money (minus any applicable processing cost, including the bank charges, courier charges, etc.) through direct transfer to the bank account specified by them or through PayPal or through cheques couriered to them. We may introduce other forms of payment from time which the Authors can opt-in from their account. It is the Author's responsibility to maintain their correct address, bank account numbers and other details required to correctly make the payments to them. If they miss a payment because of inaccuracy of information, Nobu.store will not be liable for the losses.

 

13. Subscription Plans:

 

Public Model: This model is available free.

 

Private Model: In order to upload content privately to limited persons, the Author can choose one from our subscription options. 

The Subscription Prices (for Private Model):

Number of uploads

Subscription Price (USD)

10

50

20

100

30

150

 

An Author who wants to publish Digital Content for readership/ view of his private list of persons can subscribe according to his uploading and sharing requirements.

 

Please note that the subscription plan for private model is solely based on the number of documents that the Author uploads and is independent of the timestamp you choose to put on your Digital Content. 

 

For eg. A takes a subscription of the first plan of 10 uploads. With this subscription, A can decide any maximum date till which he/ she wants his/her Digital Content to be available to his private list of viewers and him/her. The minimum time duration for which his/her Digital Content would be available to the list of private users is 1 day and the maximum would be infinity. 

 

To explain further, the private model is based on the number of documents that you/ author/ publisher upload. A may exhaust all the 10 uploads that he/ she purchased in the first subscription plan within a day/a year/ or 10 years. 

 

14. Unpublishing/ Withdrawal of your digital content from our site:

You as the Author of the Digital Content have the right to remove/ unpublish/ withdraw your Digital Content from our Website at your discretion.

 

However, if the Digital Content has gone into distribution through other channels and you want to remove it from our platform, We need to be intimated by e-mail to info@nobu.store for the same. Users (Authors) can put a takedown request for the Digital Content anytime by sending an email to info@nobu.store. It will take up to 7 working days for our team to respond to a takedown request. We reserve all rights to fulfil the orders received in that period. We do not guarantee that Your Digital Content will be taken down from the Website and reserves its right to refuse such a request for demand- related or any other reasons. In case we accept the takedown request, we reserve our right to retain the Digital Content in our archives to the extent required or on our back-up systems for archival purposes. 

Unpublishing/ Withdrawal the digital content on Nobu.store does not remove it from other channels automatically. The removal will take place in accordance with the terms and time frames of individuals partners.

 

We reserve the right, but are not obliged, to continue to keep a copy of the files and serve it to existing buyers, even after the book has been unpublished/ withdrawn from the site. 



 

Please note, Private Content once sent/ shared with other private users cannot be unpublished/ withdrawn from the Website and the abovementioned terms are applicable only for public users. 

 

15. Technical glitches:

While we commit to deliver uninterrupted high- quality services to you, technical errors in a Website are unavoidable, we do not hold the responsibility of any loss in payment or otherwise that might be a result of any technical error. However, we always encourage you to reach out to us with any issue that you may face with the website at info@nobu.store. We will assist you. 

 

16.  Site Policies, Modification, and Severability:

Please review our other policies. We reserve the right to make changes to our website, policies, and the Terms of Use at any time without any notification. When the Terms are updated, you will be bound by the updated terms from the time of its effect.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.

 

18. Dispute Resolution Any dispute arising out of or in connection with these terms, including the existence, validity or termination of the contract shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

 

The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three arbitrators. 

 

19.  Applicable Laws:

These terms are governed by the laws of Republic of Singapore.

 

20. Compliance with Anti-Corruption Laws

You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.

21.  Disclaimer of warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY NOBU.STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOBU.STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOBU.STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOBU.STORE DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM NOBU.STORE ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. NOBU.STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
 

22. GENERAL TERMS

 

a)    Modification of Websites: We reserve the right to modify or discontinue (completely or in part) our Website or any Website Content appearing therein. We will not be liable to You or any third party if we exercise this right.

 

b)    No Waiver: Our failure to exercise or enforce any right or provision of these Author T & C will not be deemed to be a waiver of such right or provision. 

 

c)     Severability: The provisions of these Author T & C are intended to be severable. If for any reason any provision of these Author T & C of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

d)    Complaints: In the event You have any complaint(s) pertaining to Websites or Websites Content, please feel free to email us at [please insert] and kindly provide Your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.

 

e)    Assignment: You may not assign or otherwise transfer Your rights or obligations under these Author T & C. We may assign our rights and duties under these Author T & C without any such assignment being considered a change to these Author T & C and without any notice to you.

 

f)     Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office [Client to provide for the same in the ‘Contact Us’ hyperlink].

 

g)    Contact Information: If you have any questions or suggestions regarding our Author T & C, please contact us at info@nobu.store.