Thank you for your interest in starting a Publication on the Scribblog website (“Site“) at www.Scribblog.com. These are the terms and conditions that govern the Publication of digital magazines or websites (“Publication(s)“) to the Site. They apply in conjunction with our general Scribblog Terms, and are together referred to as the “Agreement“.

By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. As used in the Agreement, “you” or “publisher” means the individual or entity using our Services (and/or any individual, entity or successor entity, agency or network acting on your behalf, as well as any individual or legal entity affiliated to you), “we“, “us” or “Scribblog” means Scribblog BVBA, and “publication” means the website hosted on the Scribblog platform.

1. Rights

The Site allows you to launch an online magazine or website. Scribblog’s Services are free. We offer paid upgrades for advanced features and we operate on a percentage of advertising revenue.

Our Service is designed to give you as much control and ownership over your Publication as possible and encourage you to express yourself freely.

However, be responsible in what you publish. Make sure that none of the prohibited items appear on your Publication:

(a) material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Scribblog all of the license rights granted herein; or (b) falsehoods or misrepresentations that could damage Scribblog or any third party; or (c) material that is unlawful, obscene, defamatory, libellous, threatening, abusive, pornographic, harassing, racially or ethnically offensive, in breach of confidence, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) include advertisements or solicitations of business: or (e) impersonate another person.

If you operate a publication or make (or allow any third party to make) material available (any such material, “Content“) on a Publication, you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code.

2. Rights of removal

All Publications on Scribblog are subject to Scribblog’s approval. We reserve the right to:

(1) decide whether the content of the Publication is appropriate and complies with our Terms and does not include any of the prohibited items as set forth above.

(2) label Publications as such, for absolute clarity of the user, and to underline that we do not endorse the content.

(3) remove, at any time and without reason or prior notice or taking any liability for, material submitted by you or other users or Advertisers or third parties.

Scribblog may choose to publish or not to publish your Publication at any time and in its sole discretion.

3. User submissions

You can allow submission of text, articles, information, photographs, drawings, images, videos and/or other communications to your Publication from registered users (“User Submissions“). Registered users can upload User Submissions in your Publication on the Site. Be responsible in which User Submissions you allow to publish. All User Submissions are subject to the contributor terms and you represent and warrant that these User Submissions do not violate these terms.

4. Publisher responsibility

As a condition to using certain of the Services, you may be required to create an account (an “Account“) and select a password and Scribblog username.

You are responsible for maintaining the security of your Account and Publication and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with the Publication. You must immediately notify Scribblog of any unauthorized uses of your Publication, your Account, or any other breaches of security. Scribblog will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You are solely responsible for your own Publication and the consequences of them being published on the Site.

In connection with Publications, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorise Scribblog to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Publications to enable inclusion and use of the Publications in the manner contemplated by the Site and our Scribblog Terms ; and (b) if and to the extent legally required, you have the consent, release, and/or permission of each and every identifiable individual person in the Publications to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Publications in the manner contemplated by the Site and these Scribblog Terms.

For clarity, you retain all of your ownership rights in your Publications. However, by running a Publications on Scribblog, you hereby grant Scribblog a worldwide, exclusive, royalty-free, perpetual license to use, copy, publish, republish, store, archive, adapt, edit, create derivative works from, or exercise publicity in relation to such Publication in any manner in connection with the Scribblog Site and Scribblog’s (and its successor’s) business, in any media formats and through any media channels, with the sole exception that the Publication may also be distributed or promoted through other media insofar as a clear reference and, if possible, hyperlink to the Scribblog platform is added thereto. You also hereby grant each user of the Scribblog and Scribblog Site a non-exclusive license to access your Publication through the Site, as permitted through the functionality of the Site and under its Terms.

5. Advertisements

Scribblog reserves the right to display advertisements on your Publication. In addition, Scribblog offers the following Services:

(1) We allow you, the Publisher, to sell adverts directly by using our built-in ad server (“Ad Server“). You or any contributors to your Publication can upload adverts directly to your Publication for display exclusively in your Publication by using our Publication Ad Server.

(2) Any advert space (“Advert Space“) that has not been filled by your Ad Server is eligible to be filled by the ads from the Scribblog ad network (“Ad Network“). The Scribblog Ad Network helps you to find advertisers (“Advertisers“) who want to present their product on your Publication. These adverts are sold by Scribblog or any third party advertisement networks used by Scribblog and Advertisers have the option to pick and choose from specific Publications, to select a group of Publications in a particular category or to run ads blindly across the entire network.

In any of the above scenarios, advertisers are invoiced by and will pay directly to Scribblog. By using our Services, you agree not to sell or include any adverts by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Scribblog (and only pursuant to our terms and conditions).

Advert Spaces within your Publication may not be removed.

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to your Publications, readers and Advertisers. In order to help us do that, you agree to the following:

(1) To specify your Publications details, including industry type and keywords when starting your publication

(2) To give us permission to use your Publication name, Publication logo, content, statistics and information to inform potential Advertisers.

(3) To understand that we may not always identify paid services and communications as such.

Scribblog reserves the right to display attribution links such as ‘Launch a magazine on Scribblog’, theme author, and font attribution in your publication footer, sidebar or toolbar. Such attribution links, Footer credits and the Scribblog toolbar may not be altered or removed regardless of upgrades purchased.

6. Payments

You may receive performance-related remuneration (“Commissions“) from the advertisements (“Ads“) that appear on your Publication, related to the number of valid clicks on Ads displayed on your Publication, the number of valid impressions of Ads displayed on your Publication, or other valid events performed in connection with the display of Ads on your Publication, in each case as determined by Scribblog.

If and when adverts are displayed on your Publication and Commissions are earned, Commissions shall be payed automatically to your internal Scribblog wallet (“Wallet“). You may share your Commissions with other registered users of your Publication if desired but only through the Scribblog platform and you understand that we may offset any payments owed to you under the Agreement against these Commission you share with others.

You may not enter into any type of arrangement with a third party outside of the Scribblog platform where that third party receives payments made to you under the Agreement or other financial benefit in relation to the Services.

Except in the event of termination, we will pay you by the end of the calendar month following any calendar month in which the earned balance in your Account Wallet equals or exceeds the minimum payment threshold of €50. If, the minimum payment threshold has not been attained at the end of the month, the earned balance will remain in the Publisher’s Wallet and be carried forward to the next month. All payments are subject to a handling fee of 5% of the total payment amount.

Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to Advertisers and any amounts arising from invalid activity, as determined by Scribblog in its sole discretion.

Invalid activity is determined by Scribblog in all cases and includes, but is not limited to:

(i) spam, invalid queries, invalid impressions or invalid clicks on Ads generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control;

(ii) clicks solicited or impressions generated by payment of money, false representation, or requests for end users to click on Ads or take other actions;

(iii) Ads served to end users whose browsers have JavaScript disabled;

(iv) Any other activity similar to the activities described in (i, ii, or iii) above.

In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 2 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Services, you must notify Scribblog in writing within 2 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an Advertiser whose Ads are displayed on any Publication defaults on payment to Scribblog, we may withhold payment or charge back your Account.

To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.

The Commission amount that Scribblog pays for adverts sold through your Publication Ad Server (as described in section 5) will, if you fully comply with this Agreement, be up to 70% of the total advert sale (exclusive of taxes and discounts).

For Adverts delivered through the Scribblog Ad Network, Scribblog has no obligation to pay commission to the Publisher. However, Scribblog may pay commission to the Publisher as a performance appraisal, in which case the Commission amount will be determined dynamically and in Scribblog’s sole discretion.

As between you and Scribblog, Scribblog is responsible for all taxes (if any) associated with the transactions between Scribblog and Advertisers in connection with the advertising space on the Publication. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Scribblog’s net income.  All payments to you from Scribblog in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted. Your relationship with Scribblog shall in no event be construed as that of an agent or employee of Scribblog or of any similar status other than that of a contractual relationship between two fully independent parties that is exclusively and fully governed by this Agreement.

7. Domain name

When launching a Publication on the Scribblog platform, you are required to provide a unique Publication name which will serve as a default link to your Scribblog publication of the form scribblog.com/members/[publication-name] (a “Scribblog URL“). You must select a different Scribblog URL for each new publication you create. You agree to provide Scribblog with accurate, complete, and updated registration information, particularly your email address.

8. Limitation of Liability

In no event shall Scribblog be liable as the result of any error, delay, or omission beyond our reasonable control (“force majeure“), including but not limited to any fire, act of god, server crash or downtime, actions of hackers, effects of viruses, worms, trojans et al., labour strike, war, civil insurrection, or the like. Scribblog shall not be for any omission of, error in, delay to, removal of, or positioning amendment to advertisements on the Site or to your Publication, and in no event shall Scribblog be liable for any loss of income, indirect damages (such as loss of profit, loss of goodwill, etc.), consequential damages, or punitive damages of any nature. In no event shall Scribblog be liable, directly or indirectly, for the Content of any advertisement or any Publication; this is solely the responsibility of the advertiser or agency or of the Publisher, as the case may be.

9. Service Changes and limitations

The Scribblog Services change frequently, and their look and functionality may change without prior notice to you. Scribblog retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Scribblog may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Scribblog may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or publication.

You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Scribblog and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Scribblog (and only pursuant to those terms and conditions) or unless permitted by Scribblog’s robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

Don’t misuse our Services. Don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

10. Indemnity

You understand that when using the Scribblog Site, you will be exposed to User Submissions and Publications from a variety of sources, and that Scribblog is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Publication. You further understand and acknowledge that you may be exposed to User Submissions or Publications that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Scribblog with respect thereto, and agree to indemnify and hold Scribblog, its Owners/Operators, affiliates, publishers, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

11. Intellectual property

This Agreement does not transfer from Scribblog to you any Scribblog or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Scribblog. Your use of our Services grants you no right or license to reproduce or otherwise use any Scribblog or third-party trademarks.

12. Termination

Scribblog may at any time terminate this Agreement, or suspend or terminate your Publication for any reason, including but not limited to any breach of this Agreement by you or due to invalid activity.  If we terminate this Agreement due to your breach or due to invalid activity, we may withhold unpaid amounts or charge back your account. If you breach the Agreement or if Scribblog suspends or terminates your Account for any other reason, you (i) will not be allowed to create a new Account, and (ii) may not be permitted to monetize Content on other Scribblog products.

13. Changes to these Terms

We may change these Terms from time to time. Please check regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.

14. Contact Information

The Site is operated by Scribblog. We are a company registered in Belgium with the company registration number XXXX.XXX.XXX. Our registered office address is Guldensporenlaan 16, 8670 Oostduinkerke, Belgium. Our VAT number is BExxxxxxxxxx.

If you have any questions about this Agreement or our Terms of Service, please contact us.

Last Updated: 14 May 2017