Accessibility policy

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Acceptable use policy

Confidentiality SKYSCRAPER treats all disclosures by SKYSCRAPER Client with considered proprietary, and confidentiality. You can find our full confidentiality agreement at the bottom of this page. 1. Acceptance of Terms The SKYSCRAPER sites, Skyscraper Digital Publishing Ltd. ("SKYSCRAPER"), comprised of the Internet sites picopress.net, (subdomains), sub domains of sdpublishing.com provides the information and services on SKYSCRAPER sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of SKYSCRAPER sites constitutes agreement with such Terms. Before using SKYSCRAPER sites, please carefully read this agreement relating to your use of SKYSCRAPER sites. By using SKYSCRAPER sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use SKYSCRAPER sites. SKYSCRAPER reserves the right, at SKYSCRAPER's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, SKYSCRAPER intends to provide users with up to fourteen days of advance notice). Your continued use of the SKYSCRAPER sites following the posting of changes to these Terms will mean that you accept those changes. Use of SKYSCRAPER sites constitutes full acceptance of and agreement to the Terms; if a user does not accept SKYSCRAPER's Terms, he or she is not granted rights to use SKYSCRAPER sites as defined herein, and should refrain from accessing SKYSCRAPER sites. To update these Terms, SKYSCRAPER will post both the changed version and its effective date at http://picopress.net SKYSCRAPER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all SKYSCRAPER sites (or any part thereof). SKYSCRAPER shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein. 2. No Unlawful or Prohibited Use By using SKYSCRAPER sites, you warrant to SKYSCRAPER that you will not use SKYSCRAPER sites, or any of the content obtained from SKYSCRAPER sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the SKYSCRAPER sites automatically terminates. 3. Description of Services The SKYSCRAPER sites are owned and operated by SKYSCRAPER for the purpose of supporting the independent media sectors with print-on-demand book management and distributions services (the "Purpose"). 4. Registration Obligations When requested, each SKYSCRAPER site user must: (1) personally provide true, accurate, current and complete information on the SKYSCRAPER site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, SKYSCRAPER has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, SKYSCRAPER may suspend or terminate that user's account and prohibit any and all current or future use of the SKYSCRAPER sites (or any portion thereof) by that user other than as expressly provided herein. Each user will receive passwords and account designations upon completing certain SKYSCRAPER site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. SKYSCRAPER cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify SKYSCRAPER of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session. SKYSCRAPER handles user Registration Data in accordance with the SKYSCRAPER sites' Privacy Policy below. In accordance with UK Data Protection laws users can securely view all personal data held by SKYSCRAPER by logging into their account at SKYSCRAPER sites of which they are members. 5. Content All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not SKYSCRAPER, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the SKYSCRAPER sites. No user shall transmit Content or otherwise conduct or participate in any activities on SKYSCRAPER sites that, in the judgement of SKYSCRAPER, is likely to be prohibited by law in any applicable jurisdiction. SKYSCRAPER reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfil the Purpose. In addition, SKYSCRAPER shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. SKYSCRAPER, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by SKYSCRAPER to protect the rights, property, or personal safety of SKYSCRAPER sites' users and the public. SKYSCRAPER does not control the Content posted to the SKYSCRAPER sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SKYSCRAPER be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via SKYSCRAPER sites. Each user, by using SKYSCRAPER sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 6. Licensing and Other Terms Applying to Content Posted on the SKYSCRAPER sites: SKYSCRAPER (Public Content) site at sub domains of sdpublishing.com and picopress.net. With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("SKYSCRAPER Public Content"), the submitting user retains ownership of such SKYSCRAPER Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by SKYSCRAPER. This does not include book contents or book descriptions or metadata. In each such case, the submitting user grants SKYSCRAPER the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content (in whole or part) worldwide for the Purpose (See section 3) of the project and for promotion of the project. 7. No Resale of Service Without Permission You agree not to sell, resell, or offer for any commercial purposes, any portion of the SKYSCRAPER sites, use of the SKYSCRAPER sites, or access to the SKYSCRAPER sites without prior written agreement. Please contact services@picopress.net with partnership or reseller requests. 8. Resources, payment and services Resources will be charged for on a monthly basis and accounts which are overdue will have their services suspended until full payment has been received. 9. General Practices Regarding Use and Storage SKYSCRAPER may establish general practices and limits concerning use of the SKYSCRAPER sites. While SKYSCRAPER will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, SKYSCRAPER has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any SKYSCRAPER site. SKYSCRAPER reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. SKYSCRAPER reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. 10. Termination SKYSCRAPER may terminate a user's account in SKYSCRAPER's absolute discretion and for any reason. SKYSCRAPER is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an SKYSCRAPER site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order. SKYSCRAPER's termination of any user's access to any or all SKYSCRAPER sites may be effected without notice and, on such termination, SKYSCRAPER may immediately deactivate or delete user's account and/or bar any further access to such files. SKYSCRAPER shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. SKYSCRAPER reserves the right to delete, or not delete, a user's account at SKYSCRAPER's sole discretion, as well as to delete, or not delete, content at SKYSCRAPER's sole discretion. 11. Links SKYSCRAPER, any SKYSCRAPER site or a third party may provide links to other websites. SKYSCRAPER exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. SKYSCRAPER shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The SKYSCRAPER sites' Privacy Statement is applicable only when you are on an SKYSCRAPER site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information. 12. Indemnity; Disclaimer; Limitation of Liability Each user shall indemnify, defend and hold harmless SKYSCRAPER, and its parent companies and affiliates and their respective officers, employees and agents, and each of SKYSCRAPER's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable legal fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the SKYSCRAPER sites; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER'S USE OF THE SKYSCRAPER SITES IS AT HIS OR HER SOLE RISK. THE SKYSCRAPER SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SKYSCRAPER ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SKYSCRAPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SKYSCRAPER MAKES NO WARRANTY THAT (i) THE SKYSCRAPER SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF SKYSCRAPER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SKYSCRAPER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKYSCRAPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY SKYSCRAPER SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SKYSCRAPER SITES; OR ANY OTHER MATTER RELATING TO THE SKYSCRAPER SITES. IN NO EVENT SHALL SKYSCRAPER'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SKYSCRAPER AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SKYSCRAPER DOES NOT AND CANNOT CONTROL THE ACTIONS OF SKYSCRAPER site USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SKYSCRAPER SITES. OPERATION OF SKYSCRAPER SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SKYSCRAPER. 13. Violations Please report any violations of the Terms (except for claims of intellectual property infringement) to the SKYSCRAPER site Director at services@picopress.net. Confidentiality Agreement CONFIDENTIALITY AGREEMENT This Confidentiality Agreement ('Agreement') is made as of the Effective Date (Month DD, YYYY) by and between SKYSCRAPER Clients ('SKYSCRAPER Client') a company/individual and Skyscraper Digital Publishing Ltd Ltd. WITNESSETH: WHEREAS, Disclosing Party desires to disclose to SKYSCRAPER Client certain information which is considered proprietary, and confidential; and WHEREAS, unauthorized disclosure of such information to third parties would be very damaging to Disclosing Party; and WHEREAS, Disclosing Party desires to protect and preserve the propriety, confidentiality, and secrecy of such information. NOW, THEREFORE, in consideration of the mutual benefits of the covenants set forth below, Disclosing Party and SKYSCRAPER Client hereby agree as follows: ARTICLE I: RECITALS AND DEFINITIONS Section 1.01 -- Recitals: The above recitals and identification of parties are true and correct. Section 1.02 -- Definitions: The following definitions shall apply: (1) Associate: The term 'Associate' shall mean an employee of SKYSCRAPER Client or an independent contractor hired by SKYSCRAPER Client. (2) Authorized Persons: The term 'Authorized Person' shall mean employees of SKYSCRAPER Client and individuals or organizations who are authorized by the Disclosing Party to receive Confidential Information. For purposes of this definition legal counsel for SKYSCRAPER Client shall be deemed as Authorized Persons. (3) Confidential Information: The term 'Confidential Information' shall mean information disclosed by Disclosing Party to SKYSCRAPER Client which is identified by Disclosing Party as proprietary or confidential in writing at the time such information comes into the possession or knowledge of SKYSCRAPER Client and which is not: (i) already known to SKYSCRAPER Client; (ii) in the public domain; (iii) conveyed to SKYSCRAPER Client by a third party; (iv) released by Disclosing Party without restriction; (v) independently developed by SKYSCRAPER Client; and (vi) required by Court Order to be released by SKYSCRAPER Client. (4) Effective Date: The term 'Effective Date' shall mean the date this Agreement is read by SKYSCRAPER Client. (5) Term: The term 'Term' shall mean a period of time starting on the Effective Date and continuing until this Agreement is terminated under Article III of this Agreement. (6) Termination Notice: The term 'Termination Notice' shall mean that written notice sent by one party to this Agreement to the other party to this Agreement seeking to terminate this Agreement. ARTICLE II: CONFIDENTIALITY Section 2.01 -- Ownership: Disclosing Party shall own Confidential Information. Disclosing Party acknowledges that SKYSCRAPER Client may be active in development of products competitive with the products of Disclosing Party without reference to Confidential Information. Nothing in this Agreement shall preclude SKYSCRAPER Client from developing products or materials which are competitive with products of Disclosing Party. Section 2.02 -- Obligation of Confidentiality: SKYSCRAPER Client shall hold Confidential Information in confidence using the same procedures and level of care that SKYSCRAPER Client uses in protecting its own Confidential Information, but in no event shall such procedures and level of care be less than ordinary and reasonable level of care in protecting Confidential Information. The obligations of confidentiality shall continue for three (3) years from Effective Date. Section 2.03 -- Authorized Use: SKYSCRAPER Client shall not disclose Confidential Information except to Authorized Persons. Section 2.04 -- Continuation: The terms and provisions of this Article II shall survive termination of this Agreement. ARTICLE III: TERM OF AGREEMENT Section 3.01 -- Term: This Agreement shall be valid for the Term. Section 3.02 -- Termination Limitations: This Agreement shall only be terminated as provided under this Article III. Section 3.03 -- Termination: Either party may terminate this Agreement for convenience upon providing ninety days Termination Notice to the other party. Section 3.04 -- Mutual Recession: Notwithstanding Section 3.03, SKYSCRAPER Client and Disclosing Party may agree in writing to terminate this Agreement without notice. ARTICLE IV: MISCELLANEOUS Section 4.01 -- Employee Pirating: Disclosing Party shall not induce or solicit (directly or indirectly) any Associate to leave the employ or hire of SKYSCRAPER Client. Disclosing Party shall not engage (directly or indirectly) the services of such Associate (as an employee, consultant, independent contractor or otherwise) without the prior written consent of SKYSCRAPER Client. Section 4.02 -- Entire Agreement: This Agreement contains the entire understanding of the parties relating to this Agreement and the Confidential Information and supersedes all previous verbal and written agreements relating to this Agreement and the Confidential Information. Section 4.03 -- Amendments and Modifications: Any waiver, alteration, modification or amendment of this Agreement shall be void unless such waiver, alteration, modification or amendment is in writing and signed by the parties hereto. Section 4.04 -- Severability: If a provision of this Agreement is rendered invalid the remaining provisions shall remain in full force and effect. Section 4.05 -- Captions: The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision. Section 4.06 -- Governing Law: This Agreement shall be governed by the laws of England. Section 4.07 -- Notice: All communications shall be in writing. Notices shall be deemed delivered when delivered by Certified or Registered Mail - Return Receipt Requested - or by hand to the addresses set forth below for SKYSCRAPER Client and to the address set forth on the signature page of this Agreement for the Disclosing Party. Notice shall be deemed given on the date of receipt, as evidenced in the case of Certified or Registered Mail by Return Receipt. Limited Liablility Company SKYSCRAPER Clients Section 4.08 -- Litigation Expenses: In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration (excluding fees and expenses of arbitrators and administrative fees and expenses of arbitration). Section 4.09 -- Bankruptcy: If any party must institute, defend, appear or attend a bankruptcy proceeding as a result of the filing of bankruptcy by another party, fees and expenses shall be paid by the filing party. If either party has a bankruptcy proceeding filed against it, the other parties shall recover attorney fees, expert witness fees, and other costs incurred by such other party in connection with the bankruptcy proceeding, hearing or trial. Section 4.10 -- Assignments: Any and all assignments of rights under this Agreement by Disclosing Party shall be void. Section 4.11 -- Public Announcements: All public announcements of the relationship between SKYSCRAPER Client and the Disclosing Party under this Agreement shall be subject to the prior written approval of SKYSCRAPER Client and the Disclosing Party. IN WITNESS WHEREOF, this Agreement has been executed as of the Effective Date. Disclosing Party: SKYSCRAPER Company Name: Skyscraper Digital Publishing Ltd, Unit 9, The Whitechapel Centre, 85 Myrdle Street, London E1 1HQ, UK Date: DD-MM-YY.