PAYS TO PUBLISH

TERMS OF USE



Last Revised: April 19, 2021

  1. INTRODUCTION


These Terms of Use (the “Terms”) are an agreement between you or the entity you represent (“you,” “your,” or “user”) and Layton Media LTD., a limited company governed by the laws of British Columbia, Canada (“Company” ”we," “our,” or “us”). The Company owns the website www.paystopublish.com (“Platform”) and any online training course associated with it (“Course”).

You must read, agree to, and accept all of the terms and conditions contained in these Terms and any policies incorporated herein by reference in order to use the Platform or the Course purchased through Platform. If you do not accept these Terms and any policies incorporated herein by reference in their entirety, you may not use the Platform or purchase the Course. To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Platform. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and policies and/or changes in Platform and (b) agreement to be bound by any such revised terms and conditions. 

If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.


  1. YOUR ACCOUNT 


Signing up for an Account. In order to get full access to the Platform or purchase the Course, you have to (i) register for an account (“Account”) and (ii) provide certain information about yourself as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Platform and Course does not violate any applicable laws and (d) you have reached the age of majority in your place of residence and have the legal capacity to enter into these Terms. 

Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.

Deleting Your Account. You may delete your Account at any moment by contacting us directly. We may suspend or delete your Account if we suspect that you violated any provisions of these Terms. If you or us delete your Account, all information about you will be erased too. 


  1. LICENSE TO USE COURSE CONTENT


Course Content. The Course consists of training videos and education materials on how to start and run an online self-publishing business (together, “Course Content”).

Paid License. When you purchase the Course, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Course Content for your personal purpose, subject to certain restrictions as detailed below.  

Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit Course Content or your Account; (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Course Content; (c) you shall not access Course Content in order to build a similar or competitive service or course; (d) you shall not impersonate other individuals or provide inaccurate information about yourself; (e) represent an entity without its prior authorization to do so; (f) you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; (g) you shall not violate or encourage others to violate these Terms and policies incorporated herein by reference; and (h) you shall follow our Code of Conduct (see below) whenever you decide to post something in our forums or in Facebook Group pages associated with the Platform. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.

Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.

Modification. We reserve the right at any time to modify or discontinue provision of any part of the Course (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Course provision.

Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform and Course Content. Course Content is licensed to you; this means that Course Content is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to Course Content. Our name, logo, and other names associated with the Platform and Course Content belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.

  1. PAYMENT TERMS


Choosing a Plan. You may choose between different types of payment plans we offer on the Platform. Payment plans as well as the rates for the Course are subject to change without notice. We will honor the rate and the plan you choose at the time of your booking. 

Payment Terms. By purchasing the Course and choosing one of our payment plans, you agree and authorize us to charge you on a monthly basis until you terminate the monthly plan. We use Teachable’s payment gateway and Stripe (each a “Payment Processing Company”) to process payments. We do not collect your credit card information; a Payment Processing Company will do it for us. 

90-day “Action Based” Guarantee. The Course purchase comes with the 90-day fully refundable "Action Based'' guarantee. You must fulfil three requirements in order to qualify for a full refund under the 90-day "Action Based" Guarantee. These requirements include:

  1. You must complete at least 50% of the Course; 
  2. You must submit at least one audiobook for review: narrate an audiobook and submit to ACX (Audiobook Creation Exchange) for review; and
  3. You must create a form of automation or branding (this could be an automated email for one of the students lists, a logo, etc. Weeks 5 and 6 in the Course discuss this in detail).

*To be eligible for the $200 refund, you need to have completed all 3 of the requirements above and proven that they have been completed at full capacity (ex: scrubbing through all lessons in Publisher Supremacy and not watching them does NOT qualify at "50% course completion". You must have knowledge of the lessons you completed). If proven, the full amount of $200 USD will be sent via Paypal.


  1. YOUR COMMENTS


Comments. Any registered user may comment or post any information, videos, or images regarding online publishing industry on the Platform (collectively, "Comments"). You are solely responsible for the Comments you post on the Platform, including its accuracy, legality, and appropriateness and we do not assume any liability for any Comments posted by you or any other Platform user.  

Your Representations and Warranties with Regard to Your Comments. By posting your Comments on the Platform, you represent and warrant that: (i) your Comments do not violate any law, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; (ii) your Comments do not and will not contain sexually explicit content or pornography; and (iii) your Comments do not contain hateful, defamatory, or discriminatory content and do not incite hatred against any individual or group. We reserve the right to terminate the Account of anyone found to be infringing one’s copyright or violating any provisions of these Terms. 

Licensing your Comments to Company. By posting any Comments on the Platform you grant the Company license of the right to use, display, and distribute such Comments on and off the Platform including, but not limited to, the Company’s social media pages. When you remove any part of your Comments from the Platform, we will remove any such part of Comments from our servers and our social media pages as soon as it is practically possible. 

Our Right to Remove Your Comments. We reserve the right at our sole discretion to remove any Comment that we feel in our judgment does not comply with these Terms, along with any Comment that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. However, we are not responsible for any delay in or failure to remove any such Comment. If you post Comments that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.

 

Copyright/DMCA Policy. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform, please contact us immediately at [email protected]



  1. CODE OF CONDUCT

Please follow this Code of Conduct whenever you want to post a Comment or interact with another user through the Platform. If you violate this Code of Conduct we reserve the right to remove your Account and any of your Comments from the Platform. 

No Fraud and No Illegal Activity: You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation. 

No Bad Code: Do not use the Platform to transmit, distribute, or send viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner. 

No Spamming: You may not use the Platform to engage in any activities that will result in sending spam to anyone on the Platform, including the Company and its employees. 

Be Respectful: Please act respectfully whenever you are interacting with other users of the Platform. 

No Exploitation: You may not use the Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Comments. 

No Impersonation of the Company or its Employees: You may not impersonate the Company or any of its employees when interacting with other users of the Platform or posting Comments. 

No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and

No Use Other Than Intended: You may not use the Platform or any Course Content contained on the Platform for any purposes other than intended. 

  1. PRIVACY POLICY


Your submission of personal information through the Platform is governed by our Privacy Policy, which can be found at https://www.paystopublish.com/p/privacy

  1. DISCLAIMERS; NO GUARANTEES; LIMITED LIABILITY


For Educational and Informational Purposes Only. The information contained on the Platform (including the Course Content) is for educational and informational purposes only.​ 

Not Professional Advice. The information contained on this Platform and the Course Content is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owner of the Company are professionals and the information provided on this Platform relates to issues within the Company’s area of expertise, the information contained on this Platform is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. We have done our best to ensure that the information provided on this Platform and the Course Content is accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Platform should be understood as a recommendation that you should follow without consulting with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional. Neither the Company nor any of its employees or owners shall be held liable or responsible for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

No Guarantees. The Platform and the Course are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Platform or Course Content will be uninterrupted, timely, secure or error-free. We do not warrant that the quality of the Course will meet your expectations, or that any errors in the Course Content will be corrected. 

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Platform or not. The Company provides educational and informational resources that are intended to help users of this Platform succeed in their online businesses and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in Course Content are no guarantee that you or any other person or entity will be able to obtain similar results.

Earnings Disclaimer. From time to time, the Company may report on the success of itself or one of its existing or prior clients/customers. The information about this success is accurately portrayed by any such client/customer. You acknowledge that the prior success of others does not guarantee your success. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her dedication, desire and motivation. The use of our Course Content should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our Course Content. 

Testimonials. We may find various testimonials from our previous clients and customers on the Platform. These testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Platform. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using the recommendations presented in the Course Content.

Limited Liability. In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platform or Course Content, or for any other claim related in any way to your use of the Platform or Course Content, including, but not limited to, any errors or omissions, even if we have been advised of the possibility of such errors and omissions. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. INDEMNIFICATION


You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies incorporated herein by reference, or your violation of any law or the rights of a third party.

  1. TERMINATION


These Terms shall come into effect on the day when you register for an Account and shall stay in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Platform, or when you delete/close your Account. 

If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due; and/or accordingly may deny you access to the Platform and the Course Content.

  1. NO PROFESSIONAL-CLIENT RELATIONSHIP 


Your use of the Platform – including implementation of any suggestions set out in the Course Content – does not create a professional-client relationship between the Company and you. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship through your use of the Platform or Course Content.

  1. GOVERNING LAW, DISPUTE RESOLUTION & ARBITRATION


These Terms shall be exclusively governed by, and construed in all respects in accordance with the laws of British Columbia, Canada, without giving effect to the conflict of law principles thereof. Any controversy or claim arising out of or relating to these Terms or the breach of these Terms, which remains unsettled following diligent efforts by each party to reach a mutually acceptable resolution of such claim or controversy, shall be settled by arbitration under the Canadian Arbitration Association’s Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

  1. GENERAL PROVISIONS


Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters. 

Modifications. No modification or amendment to these Terms shall be binding upon Company unless in a written instrument signed/executed by a duly authorized representative of Company. 

No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 

Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.

Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform or Course Content. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to [email protected] or to such other email addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

  1. CONTACT US
  2. Questions about the Terms should be sent to [email protected].