Licence Agreement

The Creative Tree®
Licence Agreement

 

Introduction

Please read this Licence Agreement carefully (both User Licence Terms and Submitter Licence Terms). By registering to use The Creative Tree® Website, you will expressly agree to all the terms and conditions of this Licence Agreement.

Our Terms of Use and Privacy Policy apply to all materials covered by this Licence Agreement, and those documents will be deemed to be a part of this Licence Agreement.

 

A.       LICENCE TERMS (USER)

(1)      Context

This section of the Licence Agreement refers to the licence(s) which Story Tree Limited (owners of The Creative Tree® Website) grant to you as a User, when you purchase text (chapters) or images for online viewing and for downloading/printing.

 

(2)      Online viewing and storage licence

Story Tree Ltd. grants to you a worldwide, non-exclusive, revocable licence to:

(a)        view text (chapters) and images on the Website on a computer or mobile device via a web browser, upon payment of one Creative Tree credit per chapter or image so viewed;

(b)        store, in the “My Online Titles” section of your account control panel on our website, text (chapters) and images which you have purchased and view these an unlimited number of times, provided that you remain an unrestricted and registered user of the Website

Your online viewing licence does not grant you any other rights in relation to the text (chapters) or images which you have purchased. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public the text (chapters) or images which you have purchased, in any form whatsoever, without our prior written permission.

 

(3)      Downloading (ePublishing) and printing licence

Story Tree Ltd. grants to you a worldwide, non-exclusive, revocable licence to:

(a)        download and/or print text (chapters) and images, which you have previously purchased for online use, for your own personal and non-commercial use, upon payment of one additional Creative Tree credit per chapter or image so downloaded and/or printed. You may download and/or print each item for which you have purchased a download licence as many times as you like, provided each such copy is for your own personal and non-commercial use;

(b)        use our online templates to create illustrated volumes of poetry, prose or art, which may contain any combination of authors and artists which you choose. You may download these volumes to a computer or mobile device and/or store them in the “My Published Titles” section of your account control panel on our website.

Your download licence does not grant you any other rights in relation to the text (chapters) or images which you have purchased. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public the text (chapters) or images which you have purchased, in any form whatsoever, without our prior written permission. You must not offer for sale, rent or hire any electronic or physical copies of any text (chapters) or images which you have downloaded or reproduced from The Creative Tree® website. You may not incorporate any text (chapters) or images from The Creative Tree® website into any other work (whether for private or public viewing) without our prior written permission.

 

(4)      Payment

All purchases of credits must be made through PayPal, at a rate which will be displayed on our “Purchase Credits” page.

 

B.       LICENCE TERMS (SUBMITTER)

(1)      Context

This section of the Licence Agreement refers to the licence(s) you grant to Story Tree Limited (owners of The Creative Tree® Website) as a Submitter, when you upload text (chapters) or images for online viewing and for downloading/printing.

 

(2)      Ownership of Copyright

The copyrights in and to all material uploaded to The Creative Tree® Website remain with the Submitter. Nothing contained within this Licence Agreement shall be construed as transferring any copyrights to Story Tree Ltd.

If you add text (chapters) and/or images to an existing Submitter’s text (chapter) or image, you do not acquire any copyright in that Submitter’s work, nor do you have the right to reproduce, republish or incorporate their work in any form or medium without their express written consent.

If another Submitter adds text (chapters) and/or images to one of your uploaded texts (chapters) or images, you do not acquire any copyright in that Submitter’s work, nor do you have the right to reproduce, republish or incorporate their work in any form or medium without their express written consent.

 

(3)      Copyright Infringement

Whilst Story Tree Ltd. will endeavour to ensure that the rights of its Submitters are not violated by its Users, Story Tree Ltd. assumes no responsibility for enforcing its Submitters’ rights. Copyright registration and enforcement shall remain the responsibility of the Submitter.

 

(4)      Licence grant

By uploading text (chapters) and/or images to The Creative Tree® website, you warrant that you own the exclusive copyright to any material submitted and that all such material complies with our Terms of Use and Privacy Policy. You further warrant that you have obtained all necessary legal consents to publicly feature individuals, organisations or locations in the material which you submit. Your material must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

By uploading text (chapters) and/or images to The Creative Tree® website, you grant to Story Tree Limited a worldwide, irrevocable, non-exclusive licence to use, reproduce, adapt, publish, translate and distribute your material in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Story Tree Limited shall have the right, but not the obligation, to licence your material to its customers (Users) in accordance with its Licence Terms (User) [Section A. of this Agreement].

Story Tree Limited shall have the right, but not the obligation, to licence your material to third parties which approach it directly or indirectly, subject to your approval of the terms of such third-party licence.

Story Tree Ltd. has the right to refuse to accept or to remove material from The Creative Tree® Website for any reason. Material will be removed if Story Tree Ltd. believes that the material will subject it to legal action or if the material breaches any of our Terms of Use. Licences issued by Story Tree Ltd. for any material that is later removed from The Creative Tree® Website shall remain in full force.

 

(5)      Royalty payments

Story Tree Ltd. will pay you royalties as a percentage of all payments received for material which you upload to The Creative Tree® Website. Current percentage payments are as follows:

(a)        50% of all credits paid for online viewing of your material (after deduction of any and all local and national taxes);

(b)        80% of all credits paid for downloading and/or printing your material (after deduction of any and all local and national taxes);

(c)        90% of all credits paid by third parties for usage of your material (subject to your approval of the terms agreed, and after deduction of any and all taxes, legal and professional fees);

Royalties will be paid in the form of Creative Tree credits, which can be redeemed via your PayPal account. The minimum amount which you can redeem is 1,000 credits.

If your account is permanently suspended for a breach of our Terms of Use, or for fraud, intellectual property infringement or violation of a third party’s rights, Story Tree Ltd. shall have the right to retain any credits remaining in your account as liquidated damages.

 

C.       INDEMNIFICATION

All Users and Submitters agree to indemnify and hold Story Tree Ltd. harmless against any damages or liability of any kind arising from any use of a file or text or image viewed on or downloaded from The Creative Tree® Website. All Users and Submitters also agree to indemnify and hold Story Tree Ltd. harmless against any damages or liability of any kind arising from any breach or claimed breach of any of your representations or warranties or any of your obligations under our Terms of Use. All Users and Submitters further agree to indemnify Story Tree Ltd. for all costs and expenses that Story Tree Ltd. incurs in enforcing the terms of this Licence Agreement.

 

Registration

 
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