Terms & Conditions

PUBHUB TECH TERMS OF SERVICE

Updated April 30, 2020
PLEASE READ THE AGREEMENT BELOW AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "ACCEPT" BUTTON. BY CLICKING THE "ACCEPT" BUTTON, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THESE TERMS OF SERVICE (REFERRED TO HEREIN AS THESE “TERMS OF SERVICE” OR THIS “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE PUBHUB.TECH PLATFORM OR ANY ASSOCIATED SERVICES.
Scope. The PubHub Tech Terms of Service consist of the Terms of Service and the Privacy Policy (click here to link). The Terms of Service constitutes an agreement between you and PubHub Tech, LLC that allows you to make use of the PubHub.Tech website, including the relevant services associated with the website (collectively, the “Platform”), and certain licensed applications, plug-ins, add-ons and similar applications that may be available for download on or through the Platform (each, a “Licensed Application” and collectively, the “Licensed Applications”) so long as you comply with the requirements of the Terms of Service (the Platform and Licensed Applications are collectively referred to herein as the “Products”). The Products are owned and the Platform is operated by PubHub Tech, LLC, a Florida limited liability company with offices located at 4045 Sheridan Avenue, #266, Miami Beach, FL 33140 ("PubHub Tech” or “We” or “Us”).
Applicability. The Platform and associated Licensed Applications are intended to facilitate publishing and production related process.

GENERALLY APPLICABLE TERMS AND CONDITIONS

ELIGIBILITY FOR USE

To use the Products, you must be at least 18 years of age. PubHub Tech does not intentionally make its services available for use by persons under 18. Although the Products are readily accessible to the public, use of the Products and their functionalities require registration.

ACCOUNT REGISTRATION

To access the Platform and/or use any Licensed Applications, you must first register to establish an individual user account ("Account"), by providing certain information. You agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Products and, if applicable, in order for users to send notices and other information to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account registration form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Platform or Licensed Applications.

ACCESS CONTROLS

Access to the Platform is enabled only by usernames and passwords. You should maintain your username and password in strict confidence. In no event should you share your username or password with any third party or allow another person to access the Platform using your username and password. Please notify us if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of the Platform using your username and password. We reserve the right to suspend your use of the Platform, or revoke or deactivate your username and password at any time.

END USER CONTENT

You are fully responsible for any information, data, photographs, images or other Content uploaded or posted using the PubHub Tech Platform or Licensed Applications (collectively, “End User Content”), and assume any and all risks associated with sharing such information online. By uploading, posting or otherwise making available any End User Content, you represent that you own or have the right to publish such End User Content; and (ii) you grant to PubHub Tech a non-exclusive, royalty-free license in perpetuity to use, copy and distribute such End User Content, consistent with applicable law.

INTELLECTUAL PROPERTY

Ownership - Platform. All the content available on or through the Platform and Products (except for the End User Content) are the property of PubHub Tech or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law (collectively, “PubHub Tech Content”). We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform or Products to anyone, including but not limited to others in your organization. All software and accompanying documentation made available for download from the Platform is the copyrighted work of PubHub Tech or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.

Ownership – Licensed Applications. The Licensed Applications are protected by applicable intellectual property and other laws, including, but not limited to, United States copyright and law and international treaty provisions. You acknowledge that no title to the intellectual property in the Licensed Application or PubHub Tech Content shall be transferred to you as a result of your acceptance of this Agreement. You further acknowledge that title and full ownership rights to the Licensed Application and PubHub Tech Content will remain the exclusive property of PubHub Tech or its licensors, and you shall not acquire any rights to the Licensed Application or the PubHub Tech Content except as expressly set forth in this Agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Licensed Application or displayed in any PubHub Tech Content.

Marks. All PubHub Tech trade and service names and logos (collectively, the “Marks”) are trademarks of PubHub Tech, LLC. All other brands and names are the property of their respective owners. Nothing contained in the Products should be construed as granting any license or right to use any trademark displayed on the Platform or within the Licensed Applications without the express written permission of PubHub Tech or such third-party that may own the trademark.

Limited License. Subject to the provisions of these Terms of Service, PubHub Tech hereby grants you a limited, revocable, non-transferable and non-exclusive license to (i) use the software, network facilities, content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform and any associated services, and (ii) use each Licensed Application you download on a single computer registered under your account in accordance with the relevant product documentation. Except as expressly provided herein, PubHub Tech does not grant to you any express or implied rights to PubHub Tech’s or any third party's intellectual property.

License Restrictions. The license granted herein does not permit you, and you agree not to: (a) modify, alter, translate, reverse engineer, attempt to derive the source code of, disassemble, decompile or create derivative works of the Products or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, alter, translate, reverse engineer, disassemble, decompile or create derivative works of the Products; (b) transfer, distribute, sell, offer for sale, copy, reproduce, display, publicly perform, import, retransmit, lease, rent, disclose or provide access to the Products to any third party or use the Products to provide service bureau, time sharing or other services to third parties; (c) use the Licensed Application on any device that you do not own or control, or distribute or make the Licensed Application available where it could be used in a manner other than as expressly permitted in this Agreement.

ACCEPTABLE USE OF PLATFORM

You agree to use the Products only in compliance with the terms of this Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or use the Products in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms of Service. You will not post, use, store or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You will not attempt to disrupt the operation of the Platform or any Products by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You will not use the Platform or Products in any manner that could damage, disable or impair any service associated with it or them. You will not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You will not use any robot, scraper or other means to access the Platform for any purpose.

CHANGES TO THE AGREEMENT

We may, in our sole discretion, from time to time, and without prior notice, modify or amend these Terms of Service. It is your responsibility to review these terms and conditions each time you use this website. Your continued use of the Products constitutes your acceptance of any changed terms and conditions; if you do not agree with any changed terms and conditions, you must cease your use of the Products immediately.

CHANGES TO THE PRODUCTS

We reserve the right to change, suspend, or discontinue all or any part of the Platform, temporarily or permanently, without prior notice. We also reserve the right to delete or change any username or password at any time, for any legal reason.

The Licensed Applications that you use may automatically download and install updates from time to time. You agree to receive such updates (and permit the delivery of these to you) as part of your use of the Licensed Application. You acknowledge that in some instances, updates may reduce or remove functionality in prior versions of the Licensed Application, or may impose new fees for use of the Products. We will inform you when new fees apply.

LINKED THIRD-PARTY SITES

Areas of the Platform may contain links to other websites operated by unrelated third parties. Please note that when you click on any of these links, you are entering another website over which we have no responsibility or control. Our inclusion of any link on the Platform does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites, as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such third-party links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.

TERM AND TERMINATION

The Agreement formed by your acceptance of these Terms of Service commences upon such acceptance, and continues in force for the entire time you make use of the Platform or any Products, until that use ceases or is terminated by either Party. We may in our sole discretion temporarily suspend or terminate your access to the Products at any time, for any legal reason. PubHub Tech may in its discretion refuse to provide, or continue to provide, access to the Products to any person, entity or organization at any time, for any legal reason. Upon any termination, you agree to immediately cease any and all use of the Products, the use of which has been terminated by PubHub Tech.

INDEMNIFICATION

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend PubHub Tech and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, "Indemnified Parties" and each, individually, an "Indemnified Party") against all costs, expenses, liabilities and damages (including reasonable attorneys’ and expert witness’ fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of your obligations set forth in this Agreement. You agree that you will not settle any third-party claim affecting the Indemnified Parties (or any of them) without the prior written consent of such Indemnified Party or Parties.

NO WARRANTY; RELEASE AND WAIVER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCTS (INCLUDING THE PUBHUB TECH CONTENT) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND/OR ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PUBHUB TECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR USE OR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS AND/OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBHUB TECH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

You hereby release and hold PubHub Tech, its licensors, suppliers and providers and any third party who promotes the Products or provides you with a link to the Platform harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Products. To the full extent permissible under applicable law, you waive the provisions of any state or local law limiting or prohibiting a general release.

LIMITATION OF LIABILITY; EXCLUSIVE REMEDY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PUBHUB TECH, ITS SUBSIDIARIES AND AFFILIATES, AND/OR ITS VENDORS AND LICENSORS BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS, PUBHUB TECH CONTENT AND/OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF STEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In the event of any problem with the Products or any of its content, you agree that your sole remedy is to cease using the relevant Products. In no circumstances shall PubHub Tech, any PubHub Tech licensor or supplier, or any third party who promotes the Products or provides you with a link to the Platform be liable in any way for your use of the Platform, any Licensed Applications, or any of its content, including, but not limited to, any errors or omissions in any such content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.

WAIVER OF RIGHT TO SUE

YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND PUBHUB TECH WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA, AND RESOLVED BY BINDING ARBITRATION IN THE COMMONWEALH OF VIRGINIA. YOU AGREE TO WAIVE YOUR RIGHT TO LITIGATE DISPUTES WITH PUBHUB TECH IN COURT, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND AGREE TO ABIDE BY THE DETERMINATION MADE BY A NEUTRAL ARBITRATOR PURSUANT TO SUCH ARBITRATION.

You shall be solely and fully responsible for any damage to the Platform or any computer system, any loss of data, or any improper use or disclosure of information on or in the Products caused by you or any person using your username or password. PubHub Tech cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any information, advice, ideas, information, instructions or guidelines accessed through or provided to you in connection with your use of the Products.

OPERATION OF THE PLATFORM; RECORD RETENTION

We reserve complete and sole discretion with respect to the operation of the Platform. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform without prior notice pursuant to our internal record retention and/or destruction policies.

NOTICES

You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Products or related services (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the Platform or otherwise through our site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of all the Products.

INTERNATIONAL USE

The Platform is designed for and intended only for users in the United States. We make no representation that the information and services provided on the Platform are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Platform from territories where the content is illegal is prohibited. If you choose to access the Platform from a location outside the U.S., you do so on your own initiative, and you are responsible for compliance with local laws.

You agree that you will not export or re-export the Licensed Applications or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the download, installation and/or use of the Licensed Application. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Platform or the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.

USE BY THE US GOVERNMENT

If any Licensed Application is being used by or licensed to the United States Government, the following shall apply: The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Licensed Application" and "Commercial Computer Licensed Application Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Licensed Application and Commercial Computer Licensed Application Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

MISCELLANEOUS PROVISIONS

Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its rules on conflicts or choice of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Commonwealth of Virginia situated in Fairfax County, Virginia for the resolution of any dispute based upon or relating to this Agreement.

Entire Agreement. This Agreement, and any end user license agreement contained in any Licensed Application, constitutes the sole Agreement between you and PubHub Tech relating to your use and our provision of the Products and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or PubHub Tech.

Severability. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole.

Waiver. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by PubHub Tech of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Assignment. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part without the prior written consent of PubHub Tech, LLC. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns.

Waiver of Jury Trial. If any dispute under this Agreement is not resolved by binding arbitration and is instead brought before a court, you hereby voluntarily agree to waive any rights you may have to a trial by jury.

Electronic Facsimiles. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Refunds. There are no refunds as this is a SaaS solution which allows you to use the software for the duration of the subscription. If an order was placed by mistake, it can be cancelled within 1 hour. No charge will appear on the credit card.

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