About the Online Specifications.com marketplace and community…
Online Specifications.com is a global marketplace and community for business and technical experts who are seeking to buy or sell specifications, design and template documents.
We have a range of documents from software and system specifications, to architectural and interior design documents right through to product specifications. Our goal is to provide a friendly and reliable place for people to distribute and obtain all types of business and technical information.
We fully support copyrights, and will not tolerate members who post content on Online Specifications.com that they do not have copyright ownership rights over or alternatively permission to publish.
Terms and Conditions
By using Online Specifications.com, you agree to the following terms and conditions:
1. Legal ContractThe terms and conditions set forth in this document apply to all visitors ("Users" or "you") to the Online Specifications.com website ("Site"), and provide a legally binding contract("Agreement") between the you and Online Specifications.com (“We”).By using the Site, you accept the terms and conditions described below, and you warrant and represent that you are legally capable of entering into this contract.
2. Introduction to Online Specifications.comOnline Specifications.com is a marketplace for the exchange of business and technical information and knowledge.It allows Users to publish and purchase downloadable documents in a variety of file formats. This content may consist of information, data, text, photographs, graphics or other materials.
3. Content on Online Specifications.com
When you upload content on Online Specifications.com you keep retain the copyright over this content.
You grant that Online Specifications.com will provide a service to post, display, copy, and sell your content, based on the conditions you establish during the publishing process on Online Specifications.com.If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize Online Specifications.com to disclose that Personal Data as part of the Content.
By publishing your content on the Site, you provide permission to Online Specifications.com, in order to market your content, to use extracts of your content (including images, samples of content) for use in marketing materials.Online Specifications.com reserves the right to make minor changes to Content for technical reasons. We will seek your permission before we make any changes to content you provide.Online Specifications.com makes no warranties, assurances or guarantees with regard to the Content provided by Authors. Therefore, it is up to all users of the Site to satisfy themselves as to the authenticity and ‘fit for purpose’ status of all content purchased through the Site. Online Specifications.com takes the feedback of all its users extremely seriously – we are committed to making the Site your first choice for the publishing and purchase of business and technical specifications, project and design documents and templates.
Therefore, it you believe that there is a member who is misrepresenting content or acting in a manner inconsistent with these Terms and Conditions, we request that you contact us using our feedback function.Online Specifications.com relies on the authenticity of the ownership of copyright held by authors who publish their documents on the Site.
Consequently by publishing content on the Site, you warrant and confirm that at all times during the tenure of this Contract, the Content you have provided is:
(i) Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Online Specifications.com for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;
(ii) Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
(iii) Does not invade any individual's right of privacy or publicity;
(iv) Does not contain material that is unlawful, obscene, defamatory, pornographic, racist, offensive, harassing, threatening, inflammatory or is inconsistent with the values of Online Specifications.com (as determined by Online Specifications.com);
(v) Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
(vi) Is not illegal, or encourages others to commit illegal activity or infracts the Terms and Conditions of Online Specifications.com;
(vii) Does not offer or provide for the distribution of fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
(viii) Contains information that is based on fact, and is true, accurate and original content attributable to the Author;
(ix) To the best of your knowledge, all factual information in the Content you upload is true and accurate. Online Specifications.com cannot guarantee the accuracy, integrity or quality of Content;
(x) To the best of your knowledge, all information provided in the Content will not result in personal injury to any person. Online Specifications cannot does not warrant or guarantee the Content, and will not be held responsible for any personal injury sustained by our users or any other third party, caused by relying on the Content provided by our Users.
(xi) Online Specifications.com reserves the right to decline the publication on the Site of any Content that Online Specifications.com, in its sole discretion, is believe to be an infraction of these Terms and Conditions or values held by Online Specifications.com
(xii) In addition, you represent and warrant that you are legally capable of entering into this Contract, and that the entering into of this Contract does not conflict with any arrangements or agreements between you and any other person or entity.
4. Use of Online Specifications.com
You agree that you will not hold Online Specifications.com responsible for any damage to, corruption of or destruction of Content you publish on the Site.
We take no responsibility for backing up Content on the Site. Therefore, we strongly encourage Authors to back up all of their Content locally or seek alternative backup options. Similarly, we strongly encourages consumers of Content on the Site to locally save or seek alternative storage options for all Content they have purchased through the Site You are responsible for all Content you generate or forward to Online Specifications.com.As a User, you agree not to use the Site to:
(i) Use the Site, either through the provision or purchase of content in a manner that is illegal, harmful, abusive, threatening, defamatory, racist, discriminatory or is any other way perceived to be offensive; (
ii) Harm anyone in any way;
(iii) Cause interfere with the functionality or operation of the Site by using of viruses, programs, software or technology intended to cause damage disruption to Online Specifications.com’ software or hardware or reputation;
(iv) Use a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
(v) Actually or attempt to impersonate another person or persons or entity or entites;
(vi) Actually or attempt to forge any e-mail communication or message;
(vii) Actually or attempt to deliberately misrepresent your identity, apart from the use of pseudonyms designed to protect your public identity as an Author;(
viii) Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
(ix) In addition to complying with all restrictions on conduct and Content, you Online Specifications.com requires that all Users are responsible for obeying all local and national laws that pertain to your location, wherever you are.
Online Specifications.com reserves the right to remove any and all material that we feel is inappropriate, illegal or breaches any aspect of this Contract.
Online Specifications.com reserves the right to change our policies or this Contract at any stage, without notice. Where the Contract is amended, Online Specifications.com will contact all users of the Site We reserve the right to amend our policies from time to time in our sole discretion.
5. Purchases of Content on Online Specifications.com
To purchase Content on Online Specifications.com, Users may complete such purchases by using a credit card or accessing their Paypal account (refer to https://www.paypal.com for further information).
6. Author Revenue on Online Specifications.com
Online Specifications pays Author Revenue to users who provide Content on the Site.
At the time publishing Content, Users are asked to choose the amount of Author Revenue they would like to receive for each piece of Content sold.
If Online Specifications.com sells your Content, and we receive payment, Online Specifications.com will pay you the Author Revenue attributable to you.
Online Specifications.com charges a flat rate commission fee of 12.5% of the Author’s Revenue, which is added on to the overall Sales Price for the Content, excluding any applicable taxes that Authors have indicated should be applied. This means that Authors will still receive Authors Revenue as specified by Authors, with Online Specifications.com being an additional amount over above Authors Revenue.
For example, if an Author publishes a design document and specifies they would like to earn $100.00 Authors Revenue each time the document is sold, and no taxes apply, then the Sale Price for the document will be $112.00.
For each sale made, Online Specifications.com will earn $12.00. The Author will earn $100.00, as originally specified by the Author.
In instances where a User chooses to make their Content free of charge, then Online Specifications.com does not earn a commission on the sale of your Content. Users who have published and sold Content on the Site, the amount of Authors Revenue you are owed will be visible in to you under My Account – either at an individual sale level (My Order History) or in total (My Revenue).Online Specifications.com currently pays Author Revenues to Authors via Paypal. Therefore all Authors are required to have a Paypal account.All payments are made in US Dollars (USD $).Online Specifications.com will pay Users, Authors Revenue on a monthly basis where the balance in an Authors Revenue balance in a Users Account is greater than $75.00.Payment will be made within 30 days of the close of the preceeding month in which a User’s Authors Revenue balance is greater than $75.00 Where the Authors Revenue balance in a Users Account is equal to or less than $75.00, then Online Specifications.com will accrue this revenue forward to the next month until such time that your Authors Revenue balance is greater than $75.00. In the event that you cancel your account with us, all monies owed by Online Specifications.com to a User will be paid within 60 days after the end of the month in which a User closed their account.It is your responsibility to ensure you have provided accurate and current contact and Paypal email details.
We will not take responsibility for payments made/or contact made based on information you have provided to Online Specifications.com that is false, inaccurate or out of date.
If your account is deemed to be inactive, cancelled or we have terminated your account, then we may at our discretion charge a termination fee that is equal to the Authors Revenue that is unpaid to cover our administration costs.Online Specifications.com does not require Users to provide tax information. Users are responsible for managing your own tax obligations.
7. Quality of Content on Online Specifications.com
By its nature, Online Specifications.com holds electronic documents – therefore Online Specifications.com does not provide a returns service to its users.
We cannot guarantee the quality of the Content hosted by Online Specifications.com – therefore Users are responsible for verifying and confirming their own understanding of the quality of Content hosted on Online Specifications.com, and whether documents are fit for their intended purpose.
We do not monitor or check Content on the Site prior to publication.
However, in instances where regular feedback has been provided by Users indicating a particular document or author is:
- alleged to have quality issues
-or is misrepresenting their Content
-or is failing to provide the defined and agreed Content
-or is acting in a manner which could be construed as inconsistent with the purpose of the Site
-or is acting in a manner that causes damage to the reputation of either the Site or the Authors on the Site
Then Online Specifications.com will at its discretion review such Content or the Author’s account on Online Specifications.com and determine if the feedback is valid. In instances where Online Specifications.com confirms that the feedback is factual or has some basis, Online Specifications.com may request at its sole discretion:
-the designated Author to repair known quality issues
-remove the document
-refund a User or Users the cost of their purchase (through deduction of an amount equal to the cost of purchase or purchases in question)
-or terminate their account on Online Specifications.com
8. User Registration and Information ResponsibilitiesUsers are responsible for keeping their User information on Site current at all times.Users at all times remain responsible for the use of their User IDs and Passwords.Users must ensure that their User IDs and Passwords remain confidential and are never provided to anyone else.You agree to immediately notify Online Specifications.com of any unauthorized use of your email address, User ID or Password or any other security, virus, hacking or malicious activity being performed against Online Specifications.com that you are aware of. Online Specifications.com reserves the right to refuse membership on the Site to any Users that it deems, at its sole discretion, would be inconsistent with the values, commercial nature or best interests of Online Specifications.com or its Users.
9. Retiring Content and/or Terminating MembershipIf you wish to terminate your Membership, please contact us with a request to terminate your membership.
When you choose to 'retire' or 'delete' your Content from Online Specifications.com, it will no longer be available or visible to other visitors. If your Content has never sold a copy or been used in a collaborative project, you are able to delete it from your Project List, however the following exceptions do apply:a. Content retained in our archives to the extent required by our data backup systems or, at Online Specifications.com's discretion, for archival purposes. Online Specifications.com will, however, retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected; b. Content that you have made available to purchasers in electronic formats may also remain available on the Site (in purchasers' Downloads) to Users who have purchased that Content.
Online Specifications.com will not retain any residual rights to deleted or retired work other than the exceptions that have been detailed above.If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain in force for the commercial life of Online Specifications.com.
10. Restrictions on Use of Content on Online Specifications.com
If you purchase Content off of the Site, you agree to the following restrictions with respect to such Content and the information contained therein:
(i) You can resell your own electronic content at your discretion and at whatever price you want;
(ii) You may not resell any Content or otherwise profit from its use or display, where you do not have clear ownership and copyright over that Content;
(iii) Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is permissible only if explicitly designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;
(iv) The Content owners who sell Content through Online Specifications.com retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and (v) You will not remove or obscure any proprietary rights notices contained in or on the Content.
11. International UsersOnline Specifications.com is a global site, however we provide no assurance that the Content on the site is appropriate for your specific local geographic purposes.
You are at all times responsible for compliance with your applicable local laws.
12. Operation of the SiteTechnical, maintenance and other issues may make Online Specifications.com occasionally unavailable.Online Specifications.com makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. Online Specifications.com may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.If you experience any technical, maintenance or functional issues you agree to contact us immediately, where the issue is unresolved and causes impacts for you.
13. DisclaimersAll Content on the Site and everything sold via the Site, is offered by Online Specifications.com and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Online Specifications.com cannot vouch for the quality, accuracy, completeness, or currrency of any Content or information sold or provided through the Site.
In addition, Online Specifications.com does not represent or warrant that downloading content or using the Site will be successful or will not cause damage to your computer, data, software, files, peripherals or any other assets, whether physical or electronic, that you own.
Online Specifications.com is not liable for any damage to your computer, data, software, files, peripherals or any other assets, whether physical or electronic, that you own.
14. Limitation of Liability
In no event shall Online Specifications.com, or any of its officers, employees, directors, contractors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether through contract, tort or otherwise, even if Online Specifications.com or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages.
You agree that the liability of Online Specifications.com, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Online Specifications.com in connection with the transaction giving rise to such claim. Any action under this Contract must be commenced within one (1) year after such cause of action occurs.
Indemnity
If someone commences legal action against Online Specifications.com as the result of something you did in violation of this Contract, you will pay for any damages or costs assessed against or incurred by Online Specifications.com.
You shall indemnify and hold Online Specifications.com harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), legal fees and expenses that Online Specifications.com may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
15. Proprietary RightsOnline Specifications.com is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Online Specifications.com owns the design, format and layout of the Site. The Online Specifications.com logo and the names of all Online Specifications.com products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Online Specifications.com.
16. MiscellaneousThis Contract is legally binding. It cannot be changed, except as the Contract describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. This Contract is governed by the laws of the State of Victoria, Australia.
17. TermThis Contract is effective until terminated. Online Specifications.com may terminate or suspend this Contract immediately for any reason and without prior notice to you. If you choose to terminate your Membership, the terms of this Contract regarding any Content you have uploaded remain applicable. All provisions of this Contract relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
18. Agreement and AmendmentsBy completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Contract. You also agree that this Contract is a legal, valid and binding obligation, and that its terms and conditions can be enforced, and that you will do everything in your power to ensure compliance with this Contract.Online Specifications.com may change the terms in this Contract from time to time. When the terms are changed, Online Specifications.com will make a posting on the Site regarding the change. You agree to review the terms of this Contract from time to time. If you do not agree to be bound by any future changes, you should promptly notify Online Specifications.com and discontinue your use of the Site. If you use the Site after Online Specifications.com has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
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