General Membership Terms and Conditions
TERMS AND CONDITIONS
Elibro is the name of a service owned by Orwest AB (hereinafter Orwest), with the Swedish corporate registration number 556962-7663. The service is a community to inspire writing and give everyone the opportunity to publish works/writings in a unified forum to easily reach readers. Members may write and publish (below Member) texts such as stories, short stories, e-books, manuscript etc. (below Works) directly without preview and market these in social media. Social media marketing can be expressed, for example, through a recommendation link on Twitter, LinkedIn or Facebook. The Works published can be read, commented on, ranked and followed by other members. For all members to organize different competitions, read more (see site tabs).
The service is provided through www.elibro.se or another domain of Orwest (hereinafter referred to as the Website). Some services on the site are provided free of charge and other services are offered for a fee.
In order to use the Service, the user must have registered with a domain owned by Orwest, an Internet connection and a user device such as a smartphone, tablet or computer.
These General Terms and Conditions of Membership (together with the documents referred to herein) apply between you and Orwest when using the Service. In order to use the Service, you must actively accept these terms. The terms apply regardless of whether you have access to the Service free of charge or against payment.
If you are under 18 years of age, you can only accept the terms and thus become a member if your guardian has also read and accepted the terms. We will send you a form for the guardian's approval by post or email. Contact us at firstname.lastname@example.org for more information.
3. Changes to the Terms and Conditions
To use the Service, a free membership is required. This service and offer may only be used for private use, i.e. for your personal use. You may not copy or distribute entire and complete Works.
4.2. Members Responsibilities
To access the Service, you must register on the Website.
You are responsible for ensuring that the information you provide at registration is accurate and that the email address is active. You may not use e-mail addresses or other information of anyone else in connection with registration or use of the Service.
You are solely responsible for keeping your password and username secure. You are responsible for all use that occurs under your username and password of the Service.
If your username or password is lost or stolen, or if you have reason to believe that there has been unauthorized access to your membership, you are obliged to notify us promptly and change your password as soon as possible.
You, as a member, are responsible for not using words, expressions or materials that are not permitted due to copyright, are offensive, discriminatory or invidious. Furthermore, the material may not contain anything that may constitute unlawful threats, private violation, incitement, incitement to ethnic groups, child pornography, illegal depiction of violence or public calls for terrorist offenses. Elibro reserves the right to remove Works that Elibro considers may be in violation of law, ethical rules or otherwise inappropriate.
4.3. Member Author
Anyone, even those under the age of 18 with the permission of the guardian, can write and publish Works (below referred to as Member Author) free of charge. You may write and publish individually or together with co-authors. You can also choose to publish anonymously. You can also participate in competitions. You may read without any limits, vote, comment and participate in surveys.
Member Author assures Elibro to be the author of the work. This means that the author has not copied or used any other copyrighted material in the production of the work, but that Member Author has written the entire work himself.
5. Right to withdraw (from what?)
Members have the right to withdraw in accordance with the law (2005: 59) relating to distance contracts. The right of withdrawal is valid for 14 days from the date a member registers a purchase for use of service with Orwest.
If a member wishes to exercise his right to withdrawal, this must be notified to Orwest by e-mail to email@example.com within the withdrawal period.
You have the right to end your membership at any time. If You wish to terminate your membership, this must be notified to Orwest via e-mail to firstname.lastname@example.org.Thereafter, you will no longer have access to the Service and can no longer access the Service and the offerings.
7. Suspension from the Service
We have the right to suspend your access to the Service in the event of a breach of the General Terms of membership or acting against the law or regulations. Suspension from the Service may take place without notice.
8. Changes to the Service
We reserve the right to change the Service and the Services and to make changes or updates to the Service (or any part thereof) at any time with or without notice. This could mean, for example, that the Works that were initially available may be discontinued. If you have any questions about the Service, please contact email@example.com.
Other ways of contacting us can be found on the website and further down in these terms.
9. Intellectual property rights and compensation for re-publishing
9.1 Intellectual property rights - rights that cannot be physically touched
The contents of the Service, such as text, graphics, logos, button icons, images and compilations, all software that may be used in the Service, all text published on the website, belong to Orwest. The content is protected by law. You agree to comply with all such applicable laws and agreements, and not to modify, obscure or remove any copyright or ownership notices in such content.
9.2 Right of disposition (disposal) - the right to decide solely on the management of the Work
Anyone who is a Member, via this agreement, gives the right to Orwest to transmit the Work as text or audiobook, in original language or translated, in all forms, for example through computer networks, for user downloads and for sale in book form at retail stores. The work may be used by Orwest as well as companies / persons acting on behalf of Orwest.
The right of disposal also means that Orwest has the right to produce more copies of, publish, transmit and display the work in all media within the framework of Elibro's operations in all geographical markets. This includes Works written by the Members in connection with a competition organized by Elibro.
The right of disposal as stated above applies exclusively to Orwest for a period of three years from the conclusion of the agreement. After the period of three years of exclusive right of disposal, the author has the right to dispose of and make his own transfers and transfers in and out of the work. In the event that a Member / Author wants to publish text in his own published anthology during the three-year period during which Orwest has exclusive right of disposal, then this might be done with the consent of Orwest.
Under the agreement, Orwest is entitled to use part or all of the work in its marketing for the business and freely allow third parties, such as newspapers, to refer to or reproduce parts of or all of the work unless otherwise specifically agreed in writing.
Orwest also has the right to transfer rights and obligations under this agreement to companies, authorities or other types of companies within Orwest, or to companies to which Elibro's operations are wholly or partly transferred. In the event of such transfer, the Member / Author shall be informed of the transfer.
9.3 Moral Rights (the ability of authors to control the eventual fate of their works.) - and the prohibition towards the infringing treatment of the Work
The works may be edited to enable use of the Works and to publish the Works during the period during which the right of disposal (disposition) of Orwest is exclusive, as set out in 9.2 above. This means that Orwest may make necessary adjustments to adapt the Work to the form of making it available on a website by, for example cropping of images, or linguistic adjustments such as spelling correction and sentence structure adjustments. Orwest does not need to obtain consent for each such adjustment. However, Orwest may never process the Works in such a way that the Works are distorted or disparaged.
Orwest will name the Member / Author in accordance with good practice unless otherwise specifically agreed. The member / author can then choose to remain anonymous.
The Member / Author retains ownership of the Works. Orwest is granted exclusive right to the Works for a period of three years in accordance with the conditions in 9.2 above. Orwest may also transfer this right of disposal (sition) to someone else, provided that the Member / Author is informed of this in accordance with section 9.2 above.
9.5 Compensation for publishing
In case of any republishing, any compensation, i.e. any money earned, should go to Orwest. Further publication (republishing) means that Works in the form of texts published on the Website and in Orwest's other channels by Member / Author are sold to publishers or otherwise end up with a third party. If the work is published in printed form (book), the author has the opportunity to receive some commission on each unit sold. The commission's share / size depends on an agreement with a publisher or other third party and is agreed upon in each case.
10. Processing of personal data
Orwest processes all personal data in accordance with the EU Data Protection Regulation (2016/679 / EU) and supplementary national data protection legislation. In cases where Orwest uses a personal data assistant for processing the data, then this relationship to the data assistant is regulated by Orwest through a personal data assistant agreement. A personal data assistant is the person who handles the personal data of the data subjects.
Orwest uses personal information in the form of names, social security numbers, addresses and personal information for the purpose of administering the Website. In connection with the registration of membership, the member/author is requested to approve/consent for the processing of its personal data. Processing of personal data is then done with this consent as a legal basis for the administration of the Service and the Website.
For those under the age of 18, Orwest needs your guardians consent that you use the Service and that you submit your personal information to Orwest. Asking for consent means that Orwest needs your and your guardian's clear, voluntary, informed and unambiguous approval for processing the specific personal data for this particular purpose.
Communication to users in the form of messages and offers may also occur with consent as the legal basis for the processing. When registering, it is possible to voluntarily fill in a code in order to be able to receive targeted offers with the consent and the guardians consent as a legal basis. Orwest's personal data storage and processing takes place within the EU. We store your personal data during the period during which your membership is active and 12 months thereafter. For more information about Orwest's processing of personal data, or for the exercise of the rights that data protection legislation provides for the benefit of the Member / Author, please contact Orwest.
11. Breach of contract
A party who breaches this agreement is obliged to pay compensation to the other party for direct damage arising from the breach of contract.
Member/Author is responsible for third party claims due to Member's copyright infringement or similar claims. Copyright infringement here means that someone else's copyright has been infringed on by the Member / Author, ie. that Member / author has plagiarized certain parts of someone else's text. In that case, Orwest is not liable or responsible for such damage.
12. Force Majeure
Neither party is liable to the other party to fulfill obligations that are prevented by circumstances beyond the control of the party, including but not limited to, for example, wars, natural disasters, work conflicts, fire, damage to equipment used, computer viruses and prohibitions beyond party control.
13. Warranty Disclaimer
Neither we, our members / authors nor suppliers guarantee, whether expressly or implied, that the Service or the offer will meet your requirements and expectations, that the Service will be uninterrupted, fast, secure or error free.
You are solely responsible for your Internet connection. We are not responsible for your access to the Service or its content at any time.
In the event that a dispute arises as a result of these conditions, which cannot be resolved through deliberations between the parties, the dispute shall be tried in accordance with Swedish law by the Stockholm District Court.
15. Contact information and other information
Postal address: Erik Dahlbergsgatan 61, 115 53 Stockholm
Phone number: + 46 (0) 723 15 33 21
Board seat: Stockholm
Registered for corporate tax