Special Terms of Service
1. Introduction
Caribbean Barrister LLC owns and operates Caribbean Barrister www.caribbeanbarrister.com that provides a marketplace for legal professionals and law students to buy and sell content such as legal precedents, legal guides, legal commentaries and study notes for law students. Our email address is info@caribbeanbarrister.com. Any references to ‘we’, ‘our’, ‘us’, ‘author’ or www.caribbeanbarrister.com should be read as references to Caribbean Barrister. In these terms, you are referred to as ‘You’, the ‘vendor’ or the ‘content creator’ and includes anyone who has access to your account. The people to whom you market directly and who eventually buy copies of your content are referred to as ‘End Users’.
Your use of this website to upload and host your digital content constitutes acceptance of these terms and conditions and any other policies which are displayed in the footer of the site’s home page. We may amend these terms and conditions from time to time and we will notify registered members of the site by email if there are any particularly significant changes. Our relationship is a business to business relationship and the entire agreement between us and content creators comprises of these terms and conditions. Please therefore make sure that you have read and fully understand these terms and conditions before you upload any files to our site.
2. License to redistribute and sub-license your content
By uploading your file to our site, you grant us a non-transferable nonexclusive royalty-free worldwide license to reproduce your content and the intellectual property rights within it (Your Digital Content) and grant sublicenses to distribute copies of the file and the intellectual property rights within it under a suitable license (the End User License) in any territory and until otherwise notified. You can notify us and cancel this license at any time by deleting the file containing Your Digital Content from your control panel after logging into our website.
Once you have uploaded your file, you will set the sale price and decide whether the price includes or excludes VAT for customers where VAT is implemented. We will then provide you a link to a hosted checkout page which you can use to promote Your Digital Content, with End Users able to purchase copies of Your Digital Content directly from us via that page. When an End User uses your hosted checkout page to purchase a copy of Your Digital Content, we will distribute a copy of Your Digital Content subject to the terms of the End User License. You can read the End User License here.
3. Payments and our fee
All payments will be made directly to you by the End User via Paypal or any other payment gateway we choose to support.
You must have an active Paypal account to use our service and you must abide by and adhere to their respective terms, conditions and policies (Paypal terms) in order to use our site.
Our fee is 30% of the gross sale price of each copy of Your Digital Content, which you agree will be deducted from your Paypal account at the point of sale each time a purchase is made through your hosted checkout page by an End User.
4. Your rights, warranties and obligations
You retain all rights (including all intellectual property rights and any derivative works) in, or in relation to, Your Digital Content that are not expressly granted to us under these terms and conditions and you are free to market, sell and promote Your Digital Content directly or via any other digital distribution platform. You are free to implement digital rights management measures into Your Digital Content as you see fit and at your own cost to ensure that Your Digital Content is used within the scope of the rights granted to End Users.
You warrant to us that you have the full power and authority to enter into and perform your obligations under these terms and conditions, and further that Your Digital Content does not infringe the intellectual property rights of any third party. If you discover that Your Digital Content is infringing on the intellectual property rights of any third party, you should immediately delete the file from your dashboard so that no further infringement takes place. However, some precedents by their nature will be relatively similar.
You agree to accept full liability for all claims, liabilities and expenses arising out of any claim that Your Digital Content infringes the rights of any third party in any territory. If we are informed of any such claim we will promptly notify you in writing of any claim or lawsuit relevant to any infringement.
5. Our rights and obligations
We will not modify Your Digital Content in any way (except for the file’s metadata, e.g. date of last modification or access). If in our opinion Your Digital Content infringes or is likely to infringe any intellectual property right of any third party, we may remove the file containing Your Digital Content from our service without providing prior notice to you. We will comply with all applicable laws in performing our rights and obligations under these terms and conditions and we shall obtain, at our own cost, all clearances consents and provisions required in connection with distributing copies of Your Digital Content.
6. Rights of and restrictions on End Users
When End Users make a purchase of Your Digital Content through your hosted checkout page, they will be presented with the End User License Agreement which they must agree to before Your Digital Content is delivered to them. The terms of the license are limited, non-transferable, non-exclusive, non-sublicensable, royalty-free and will require End Users to comply with all applicable laws when using Your Digital Content, state that it is being provided solely for their own personal (i.e. non-commercial) use and prohibit the reproduction for sale or distribution of Your Digital Content.
7. Our service, the hosted checkout page and its availability
The maximum file size you may upload to us is 1 gigabyte. You remain responsible for keeping local backups or copies of your files and you should not regard us as a backup service. We attempt to maintain an uptime of 99.8%. However, due to circumstances that are sometimes beyond our control, interruptions to our services may occur (e.g. through network failures or other external factors).
To the extent permissible by law, we shall not be liable for any direct loss, indirect loss, consequential loss or other damages resulting from any disruptions to any of our services, or as a result of any act or omission by us arising out of or in connection to your use or access to (or inability to use or access) our site.
8. Changes to these terms and some other stuff
These terms of use may change from time to time at our sole discretion and we reserve the right to make these changes without your consent. Any revised terms of use will be applicable each time you upload a new file, so we encourage you to review them regularly.
Any failure by us to insist upon or enforce any provision of these terms of use shall not be construed as a waiver of any of our rights. If any one of these terms is declared invalid by a court, this will not affect the validity of the remaining terms.
These terms of use are governed by Bahamian law and we both agree to submit to arbitration in the jurisdiction of The Commonwealth of The Bahamas in the event of any dispute.
Last updated: 10th October, 2017
