===== Summary =====
I need the long version for legal reasons, but here's a brief summary:
* The Privacy Policy forms part of these terms - you should read that too.
* Using FicLab (including accessing this website) constitutes
acceptance of the terms.
* These terms may change; changes will be published here and take
effect 14 days later.
* You may only use FicLab in the manner it was intended to be used.
* You don't own FicLab, and I don't own anything you convert with
FicLab.
* You agree only to use FicLab with content for which you are
authorised to do so.
* The author owns any ebooks you create - you need their permission
to share with others.
* If you cause me any costs, losses or damages, you are liable for
them.
* If you cause me any legal headaches, you're responsible for making
the headache go away.
* You agree to use FicLab reasonably and not cause problems for
others.
===== FicLab Terms of Service =====
These terms of use govern how you may use this website, the FicLab
Helper browser extension, and any other intellectual property, products
or services which are provided by Erayd LTD in connection with this
website or with the browser extension. Please read them carefully.
1. Definitions
In these Terms of Service and all associated documents including
the Privacy Policy, unless the context otherwise requires:
a. "Clause" means a specific clause in this document.
b. "Helper" means the FicLab Helper browser extension.
c. "Privacy Policy" means the document provided here.
d. "The Services" means this website, the FicLab Helper browser
extension, and any other intellectual property, products or
services which are provided or made available by Erayd LTD in
connection with this website or with the browser extension.
e. "Supplier" means any entity engaged by Erayd LTD to assist
with creating, providing, maintaining, modifying or testing
any part of The Services.
f. "Terms of Service", "Terms", or "TOS" means this document.
g. "Third Party" means any entity not involved in any way with
the creation, provision, maintenance, modification, testing or
use of The Services.
h. "Unreasonable Use" means any usage or action, or any pattern
of usage or action, which could negatively impact the ability
of other users to enjoy or access The Services.
i. "User" means any entity who accesses, uses or interfaces with
The Services in any way, for any reason.
j. "Website" means this website.
k. "Works" means any intellectual property not owned by Erayd LTD
that is accessed, copied, or transformed at the User's request
during the process of providing The Services.
2. Interpretation
In the interpretation of these Terms of Service, including the
Privacy Policy, unless the context otherwise requires:
a. the Privacy Policy is to be interpreted with and forms part of
these Terms of Service;
b. any reference to these Terms of Service also includes the
Privacy Policy;
c. the 'Summary' section on this page does not form part of these
Terms, and that section or its interpretation shall not
influence the interpretation or enforcement of these Terms in
any way;
d. all heading are provided for convenience only, and are to be
ignored in the interpretation of these Terms of Service;
e. in the event of any conflict between this document and the
Privacy Policy, this document shall prevail;
f. all monetary amounts listed or referred to are in United
States Dollars, unless explicitly specified otherwise, and are
exclusive of taxes;
g. singular terms shall also include the plural, and vice-versa;
h. terms such as "including" do not imply any exclusion or
limitation.
3. Commencement and Termination
a. These Terms of Service shall commence upon the User's first
access or use of The Services, and shall continue indefinitely
unless terminated in accordance with these Terms of Service.
b. Without limiting any rights or obligations of either party,
whether under these Terms of Service or otherwise, these Terms
of Sevice may be terminated at any time with the written
consent of both parties.
c. Termination of these Terms of Service shall not affect any of
the obligations held by either party under clauses relating
to:
i. payment until all outstanding amounts have been paid; and
ii. liability or limitation thereof; and
iii. indemnity; and
iv. confidentiality; and
v. intellectiual property.
d. Subject to clause (3c), termination of these Terms of Service
discharges all parties from any further obligation under or
relating to these Terms.
4. Jurisdiction
The laws of New Zealand shall govern the construction, validity and
performance of these Terms of Service.
5. Variation
a. These Terms of Service may be varied without notice at any
time by Erayd LTD.
b. Any variation in these terms shall take effect 14 days after
they are first made available on this page, or on the {{page
"privacy" "Privacy Policy page"}}.
c. Notwithstanding clause (5b), the first version of the Terms
shall take effect immediately after publication on this page.
d. This version of the Terms is the first version.
6. Intellectual Property
a. Ownership of all intellectual property created or acquired by
Erayd LTD, and ownership of all licences acquired by Erayd
LTD, shall vest exclusively with Erayd LTD.
b. The User may only access The Services via a standard graphical
web browser, or via other means provided by Erayd LTD for the
purpose of using The Services. All other access is explicitly
forbidden in whole and in part.
c. For the avoidance of doubt, and notwithstanding clause (6b),
the intellectual property referred to in clause (6a) may be
copied, modified, and cached as required in the normal course
of operating the infrastructure required to deliver The
Services to the User.
d. Copying, modification or caching of the intellectual property
referred to in clause (6a), outside of the normal requirements
for delivering The Services to the User, is explicitly
forbidden.
e. Any further use of the intellectual property referred to in
clause (6a) shall be at the sole discretion of Erayd LTD, and
permission for that use must be explicitly provided in
writing.
f. The Services can be used to access intellectual property owned
by others (Works), and to transform some Works into a new
form. The User shall only use The Services to access or
transform Works for which they are authorised to do so.
g. The User shall only use The Services to access or transform
Works that Erayd LTD and all its suppliers are authorised to
access, copy, modify, cache, and provide to the User in both
original and modified form, both in whole and in part.
h. The User shall only use The Services to access or transform
Works for which Erayd LTD and all its Suppliers are authorised
to publicly display, and optionally modify, the metadata. For
the avoidance of doubt, metadata includes summary descriptions
and banners / cover art, if present.
i. Ownership of the transformed version of any Works shall vest
exclusively with the original owner of the Works. If the Works
are owned by multiple parties, then each party owns the
transformed portion that corresponds to the portion of the
original Works to which they own the copyright.
j. For the avoidance of doubt, any ebooks created using FicLab
are fully owned by the copyright holder for the ebook's
content, and may be shared, sold, edited or republished by
that copyright holder. The User may not share, sell, edit or
republish FicLab-created ebooks without the permission of the
copyright holder.
k. Notwithstanding clause (6j), if copyright for the Works is
split among multiple parties (e.g. if the cover art is owned
by someone other than the author), then transformed versions
of any Works may only be shared, sold, edited or republished
with the permission of all parties. If any party withholds
their permission, then transformed versions of the Works may
be shared, sold, edited or republished provided any content
owned by the withholding party is removed from the transformed
Works prior to such sharing, sale, editing or republication.
7. Liability and Indemnity
a. Erayd LTD shall not be liable for any costs, losses or damages
caused by the User or any of its Suppliers, whether directly
or indirectly.
b. If the User causes any costs, losses, or damages to Erayd LTD,
whether directly or indirectly, the User shall be fully liable
for those costs, losses or damages.
c. The User shall indemnify Erayd LTD from any costs, losses or
damages caused by or in the course of the User's use of The
Services.
d. The User is solely responsible for determining whether Works
may be used with The Services under these Terms.
e. If the User's determination under clause (7d) is incorrect,
the User shall bear sole liability for any costs, losses or
damages resulting, whether directly or indirectly, from that
incorrect determination.
f. Notwithstanding any other clause in these Terms of Service,
including the Privacy Policy, and to the extent permitted by
law, Erayd LTD shall not be liable for any costs, losses or
damages caused by or arising out of the provision,
non-provision, performance or non-performance of The Services
or the execution of these Terms of Service, including any
costs, losses or damages caused by negligence, incompetence or
malicious action by Erayd LTD or any of its Suppliers.
8. Reasonable Use
a. The User may only use The Services in the manner intended by
Erayd LTD.
b. The User must not access or use The Services in any manner
that could result in abnormally high use of Erayd LTD's
resources, including server CPU time, memory and bandwidth.
c. The User may not conduct or assist with conducting any
Unreasonable Use of The Services.
9. Automated Processing
The User agrees that provision of The Services is fully automated,
and that Erayd LTD is not responsible for the content or
arrangement of any information, including Works or any part
thereof, where that information was not created in its entirety by
Erayd LTD.
10. General
a. These Terms of Service and the Privacy Policy constitute the
entire understanding and arrangement, whether express or
implied, between the User and Erayd LTD.
b. These Terms supersede and cancel any previous agreement
between the parties, whether written or oral, unless
explicitly agreed in writing by both parties.
c. Nothing in these Terms shall create a partnership, joint
venture, agency, trust, or employer / employee relationship
between the parties, and neither party may make any
representation that such a relationship exists or may exist.
d. The User shall not have the authority to act on behalf of
Erayd LTD except as explicitly provided for in these Terms.
e. Any delay, failure or forbearance by Erayd LTD to exercise, in
whole or in part, any right, power or remedy, under or in
connection with these Terms, shall not operate as a waiver of
such right, power or remedy.
f. If any part of these Terms is invalid, unenforceable or in
conflict with the law, all other valid and enforceable parts
of these Terms will remain binding on both parties.
g. Both parties agree and acknowledge that nothing in these Terms
limits either party's rights under common law.