DORALUNA: TERMS OF SERVICE
Welcome to Doraluna.com…!
This Terms of Service shall be a Legally binding agreement between you the User (‘You’, ‘your’, ‘User’, including all its grammatical Variations) and Doraluna Inc. (‘Doraluna’, ‘Company’, ‘We’, ‘Our’, ‘Us’, with all its grammatical variations) and this Terms of services shall be construed to be in absolute compliance with all the statutory or other laws dealing with digital contracts and hence don’t need a physical signature.
In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website. By accessing, visiting and/or using the website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions.
Doraluna is a library that gives parents and children access to great books free of cost and enables authors and publishers a means to distribute their work and be seen by the world. We provide a service to enable Users to publish, and have access to digital content in online, eBook, or other electronic formats. Digital content (“Content”) may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials.
Content includes messages and other materials that you post to forums, groups, or other locations on the Site that can be viewed by other users of the Site, as well as material that you might submit for publication or other distribution through the Site. When you post Content on Doraluna’s website through forums or groups, you keep your copyright, but you grant Doraluna the nonexclusive right to post, display, copy, and modify that Content in connection with the operation of the Site and Doraluna’s business and to sell or otherwise transfer that Content in connection with transfer of operation and/or ownership of the forum, group or other location to which the Content was posted.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively “Personal Data”) in your Content, it will be included with your Content when you post it in forums or groups or when it is sold. By including Personal Data in the Content you provide, you authorize Doraluna to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By uploading or posting Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
- Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Doraluna for use as described above without charge to Doraluna and, in either case, that the Content does not contain any Personal Data about any individual other than you.
- Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- Does not invade any individual’s right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. For more information about what is acceptable for General Access (general availability to the public), please read our Availability Settings guidelines;
- Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, passwords, or personal information (including Personal Data);
- Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or Doraluna rule or policy;
- Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
- To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person.
Doraluna reserves the right to refuse to permit posting of or to remove from the Site any Content or other materials that Doraluna, in its sole discretion, deems in violation of this Agreement.
In addition, you represent and warrant that provision of the Content to Doraluna for use as described above does not conflict with any arrangements or agreements between you and any other person or entity.
Doraluna reserves the right to place advertising, promotions or sponsorships before or after and around your Content.
You are solely responsible for any Content you upload or post to the Site. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Doraluna responsible for any inadvertent damage to, corruption of or destruction of the Content. Doraluna is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. Doraluna will not be responsible for archiving or backing-up any Content. If any Content transmitted to Doraluna is damaged, lost or corrupted in any way, Doraluna will have no obligation or liability to you.
Because Doraluna provides a creator-controlled publishing tool, Doraluna cannot and does not accept responsibility for the quality of the Content (including misspelled words, grammatical errors, factual errors, poor quality pictures, etc.), its formatting, design or overall appearance. The creator approves the visual presentation and content of each item and bears responsibility for its quality and presentation. Doraluna’s staff monitors the appropriateness of each book and anonymous comment prior to publication on the Site for the purpose of allowing kids under age 13 to read them.
In general, Doraluna collects Personal Data when you register, when you use Doraluna services and when you visit Doraluna pages or pages related to the Content posted on Doraluna pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you, and to improve Doraluna services. Doraluna endeavors to limit access to your Personal Data to only those Doraluna employees, agents and service providers who reasonably need access to complete these purposes. You may view and edit your account information at any time from your Account page.
Doraluna will disclose Personal Data under the following circumstances:
- In response to subpoenas, court order, other legal process, to establish or exercise Doraluna’s legal rights or defend against a legal claim, or as otherwise required by law;
- As necessary to investigate, prevent, or take action regarding violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
- To Doraluna’s trusted partners who work on Doraluna’s behalf under confidentiality agreements; and
- If Doraluna is acquired by or merged with another company, to that company.
Doraluna is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on Doraluna’s site.
Your Personal Data does not include your Doraluna username, and any information you make available through your Public Contact settings. Your Doraluna username and Public Contact information may be displayed on the Site to other users by changing your preferences on your Account page.
Competitions and Prizes:
Doraluna shall organize writing competition at different intervals and shall also award monetary prizes to authors, at its sole discretion. Such writing competitions shall be governed by rules and regulations, specifically formulated by Doraluna for that purpose. The decision of Doraluna shall be final in terms of winner of competitions and monetary prizes, and such decision of Doraluna shall not be liable to be challenged in any court, tribunal, or other judicial bodies.
User Registration and Information:
It is important that you correctly complete the information requested in the User Registration form on the Site (“User Information”). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.
You will have the opportunity to select a username and password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and password, and (b) maintaining the confidentiality of your username and password. Only one individual may access the Site at the same time using the same username and password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or password or any other breach of security regarding the Site of which you are aware. Doraluna may refuse to grant you a username or password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
Retiring Content and/or Terminating Membership:
When you choose to ‘retire’ or ‘delete’ your published Content from Doraluna, it will no longer be available or visible to other visitors in the library. If your Content has not been read during the month you delete it, it will be removed immediately. If the Content has earned a portion of the author revenue, we will remove the book from the searchable library to prevent future use, but we will keep the Content on the server in order to properly calculate royalties due. The exceptions to your ability to remove Content are as follows:
- Content retained in our archives to the extent required by our data backup systems or, at Doraluna’s discretion, for archival purposes;
- Content that is pending royalty payments will be held on the server but remain unavailable for readers to find it in the library.
Doraluna does not retain any residual rights to deleted or retired Content other than those outlined above.
If you choose to terminate your membership, the terms above regarding the status of Content you have uploaded remain applicable.
Content that you have posted to the Site, other than Content that has been published, will not be deleted or retired as a result of your termination. Doraluna will retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of Doraluna’s backup procedures.
Restrictions on Use of Content:
If you access to our Content on the Site (including free Content), you agree to the following restrictions with respect to such acquired Content access and the information contained therein:
- Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is not permissible;
- The Content owners who publish their Content to Doraluna retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party except as may be expressly allowed in the terms under which the Content is provided to you; and
- You will not remove or obscure any proprietary rights notices contained in or on the Content.
You will defend, indemnify and hold Doraluna, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees), sought by any third party and which results from, or arises out of, your breach of this Agreement, your unlawful actions or conduct, or your violation of the rights of any third party.
9. Disclaimer of Warranty:
OUR WEBSITE AND SERVICES ARE ON “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. Limitation of Liability:
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR WEBSITE OR SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $10.00.
Any notice, demand, request or other communication which you may desire or be required to give to the Company hereunder shall be in writing and shall be given by certified mail on the address: PLEASE ENTER YOUR ADDRESS.
12. Force Majeure:
No party shall be liable for any failure or delay in performing any obligation under this Agreement that is due to a Force Majeure event, such as Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service). If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of this Agreement. However, this provision does not excuse your obligation to pay for services actually received.
13. Applicability of Law and Dispute Resolution:
This Terms shall be construed to be in accordance with the laws of United States, and the state of YOUR STATE, and the Courts at YOUR CITY shall have exclusive jurisdiction to adjudicate and decide any dispute arising out of this Terms.
(a) The headings, sections, or titles of the various paragraphs of this Agreement are inserted merely for the purpose of convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of this Agreement or the specific terms or text of the section so designated. All personal pronouns used in this Agreement shall include the other genders, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural and vice versa, whenever, and as often as may be, appropriate;
(b) If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, then such provision shall be deemed stricken herefrom and the remainder of this Agreement shall remain at all times in full force and effect. Such invalid or enforceable provision shall, to the extent legally permitted, be replaced by a valid and enforceable provision that comes closest to the parties’ intent underlying the invalid or unenforceable provision;
(c) It is understood that any accrued but unpaid financial obligations, and any other terms related to such financial obligations, shall survive the expiration or termination of this Agreement;
(d) No waiver of any breach, privilege or provision of this Agreement will be construed as a waiver of any rights or remedies arising from any other or future breach, privilege or provision;
(e) We may, in our sole discretion, assign or otherwise transfer this Agreement to a third party.