Our Terms of Service

PLEASE READ THESE TERMS CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.

PLEASE NOTE: SECTIONS 17 THROUGH 20 CONTAIN BINDING ARBITRATION CLAUSES AND A CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

If you have any questions, please don't hesitate to contact us at support@publshd.com.

1. Eligibility.

You may access or use the Website and the Services only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules and regulations. Any use or access to any of the Website or the Services by anyone under 13 is strictly prohibited and in violation of these Terms. The Website and the Services are not available to any Users previously removed from the Website or any Services by Publshd.

2. Services License.

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Website and the Services for your use only as permitted by the features of the Website and the Services and by these Terms. Publshd reserves all rights not expressly granted herein in the Website and the Services. Publshd may revoke this right at any time for any reason or no reason. You shall not access or use the Website or any Services other than as expressly permitted by these Terms without our specific express written consent.

3. Your Account.

Your account gives you access to the services and features of the Website and Services that we may establish, maintain, and modify, from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, which may provide access to additional or different Services or features of those Services. You are responsible for tracking all activity on your own account, and you agree to the following:

1. To store all passwords and usernames securely.
2. To notify us of any unauthorized use or security breach. We will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
3. To never share login details or account access with anyone, including clients or team members, unless explicitly permitted by additional terms applicable to your account type.
4. To accept responsibility for activity that occurs under your account(s).
5. To never transfer, rent, sell, or otherwise make your account available to another person.

4. Certain Website and Services Rules.

You agree not to engage in any of the following prohibited activities in or through the Website or any Services:

1. Copying, distributing, or disclosing any part of the Website or any Services in any medium, including without limitation by any automated or non-automated "scraping"; extracting, compiling, or creating derivative databases from our content; reselling, redistributing, or commercializing any data, listings, or information obtained from the Services; or creating commercial reports, analyses, or competitive intelligence products from our data without express written permission from Publshd.
2. Using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Website or any Services in a manner that sends more request messages to the Publshd servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Publshd grants the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
3. Transmitting spam, chain letters, or other unsolicited promotional email through the Website or any Services.
4. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website or any Services.
5. Taking any action that imposes, or may impose, as we determine at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
6. Uploading invalid data, viruses, malware, or other software agents through the Website or any Services, including through any User Content.
7. Collecting or harvesting any personally identifiable information or User information, including account names and emails, from the Website or any Services.
8. Using the Website or any Services for any commercial solicitation purposes, except as explicitly permitted.
9. Impersonating another person or otherwise misrepresenting your affiliation with a person, engaging in fraud, hiding or attempting to hide your identity on or through the Website or any Services.
10. Interfering with the proper working of the Website or any Services.
11. Accessing any User Content on the Website or any Services through any technology or means other than those provided or authorized by the Service.
12. Bypassing the measures we may use to prevent or restrict access to the Website or any Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of any of the Website or any Services.

5. User Content.

1. Any and all information and content (project submissions, comments, communications, images, files, logos, trademarks, service marks and trade names) that a User submits, posts, displays, or otherwise makes available for posting on the Website (each and collectively, "User Content") may be used by us for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by all other applicable terms, such as Publshd Submission Guidelines (which we may modify from time to time), related to User Content posted by or for you or otherwise made available to any other User, the posting of User Content and interactions with other Users of the Website or any Services. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User's action or inaction.
2. You are entirely responsible for the content of, and any harm resulting from, your User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, sound, or other media formats. By making User Content available through the Services, you represent and warrant that:
   • the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
   • you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the User Content does not contain or install any viruses or other harmful or destructive content;
   • the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the User Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
   • you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Publshd or otherwise.

6. User Content License Grant.

While you maintain all rights, including copyrights, that you own or control in User Content, you hereby grant the following licenses to your User Content:

1. To publshd: By posting or submitting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to publshd a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to display, index, archive, and reference your User Content and your name as contained in your User Content, in connection with operating the Services. This includes the right to feature your submissions in search results, feeds, and promotional materials for the Service. publshd will always cite you according to the attribution information you provide when featuring your User Content.
2. To Other Users: You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Services and under these Terms. This license does not include any right to systematically collect, resell, redistribute, create derivative works from, or commercially exploit User Content or platform data. Any use of User Content or data beyond personal, non-commercial viewing requires explicit written permission from the content owner and Publshd.

7. Additional User Content Prohibitions.

You agree not to post User Content that:

1. is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material;
2. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
3. may create a risk of any other loss or damage to any person or property;
4. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
5. may constitute or contribute to a crime or tort;
6. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
7. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
8. contains any information or content that would violate the privacy or publicity rights of any third party;
9. contains any information or content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
10. contains any information or content that you know is not correct and current; or
11. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

8. Our Proprietary Rights.

In these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, database rights, compilation rights, and other intellectual property rights as may not exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, territory or other jurisdiction. The compilation, organization, and display of content on the Services constitutes valuable intellectual property of Publshd. Neither these Terms nor your use of the Services transfers to you any ownership or rights to use our data, databases, or compilations for any commercial purpose. Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to Publshd, other Users, and other licensors to Publshd (the "Publshd Content"). Except as expressly provided herein, (i) as between you and Publshd, all Intellectual Property Rights related to any and all Publshd Content are the exclusive property of Publshd and its licensors (including that of other Users who post User Content to the Services), and (ii) nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and (iii) you agree not to sell, license, rent, decompile, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Publshd Content. Use of the Publshd Content for any purpose not expressly permitted by these Terms is strictly prohibited. In addition, Publshd will have a irrevocable, fully paid, royalty-free, perpetual, world-wide, non-exclusive, fully transferable and sublicensable right and license granted to use, copy, publicly perform and display, distribute, modify, and prepare derivative works based upon any and all content, information or data posted on or transmitted through the Website or the Services or access to or use thereof as Publshd determines are needed in order to maintain, support or improve the Website or the Services or other Publshd business purposes.

9. Project Submissions and Archive Contributions.

When you submit published illustration work to publshd ("Project Submission"), you are contributing to a permanent historical archive of contemporary illustration. You acknowledge and agree to the following:

1. Submission Eligibility and Accuracy: You represent and warrant that:
   • all submitted work has been legitimately published by a verifiable publication, client, or media outlet;
   • all attribution information (illustrator name, publication, client, article title, date) is accurate and complete to the best of your knowledge;
   • you have verified the spelling of all names and publication titles before submission;
   • the work represents commissioned and published illustration, not personal work, student work, or unpublished concepts;
2. Rights and Licenses: You grant publshd an irrevocable, perpetual, worldwide, royalty-free license to display, index, archive, and reference all Project Submission metadata. You understand that submissions become part of the permanent public record and generally cannot be deleted once submitted. You retain no right to demand removal of accurate Project Submissions, except in cases of proven factual error or legal requirement. publshd may modify metadata formatting for consistency, add standardized tags, correct obvious errors, or enhance searchability without notice.
3. Attribution and Credit: If submitting work you illustrated, you affirm you are the credited illustrator or have the right to claim such credit. If submitting another illustrator's work, you commit to providing accurate attribution and acknowledge that misattribution may result in immediate account termination. You agree to promptly respond to attribution disputes and provide documentation if requested. You understand that publshd serves as a documentary platform and does not adjudicate ownership disputes beyond removing clearly fraudulent submissions.
4. Prohibited Submission Practices: You agree NOT to:
   • submit the same work multiple times to manipulate visibility;
   • intentionally misattribute work to yourself or others;
   • submit fan art, personal work, or educational exercises as published work;
   • use automated tools or scripts to bulk submit content;
   • submit placeholder or test entries;
   • create multiple accounts to exceed submission limits;
   • abuse Pro features such as Promo Cards for spam or misleading promotional content.
5. Quality Standards: Links must direct to the actual published work or the publication's official presentation of it. Submissions must include minimum required metadata (illustrator, publication, date). Tags should accurately reflect the illustration's subject matter, not be used for promotional keywords. Publication names must match the official publication title, not colloquial names or abbreviations.
6. External Links and Paywalled Content: Project Submissions typically include links to external publications that may:
   • require paid subscriptions or one-time payments to access;
   • have geographical restrictions or limited availability;
   • be removed, archived, or moved by the publisher at any time;
   • contain content, advertisements, or tracking not controlled by publshd.
7. You acknowledge that publshd does not control external content and is not responsible for the availability, pricing, or accessibility of linked publications. Links are provided for archival and reference purposes only. publshd does not endorse, guarantee access to, or take responsibility for any external content. Users access external links at their own risk and subject to the third-party's terms of service, privacy policies, and payment requirements.
8. Archive Integrity: You acknowledge that publshd's value depends on the accuracy and completeness of its archive. You agree to participate in good faith to maintain the documentary integrity of the platform. You understand that persistent submission of inaccurate or fraudulent information will result in permanent ban. You accept that publshd may implement verification requirements for frequent submitters.
9. Corrections and Disputes: Corrections to existing submissions may be requested through our dispute resolution process. You agree to provide supporting documentation for attribution claims if challenged. publshd's decision on disputed submissions is final. Removal of submissions is at publshd's sole discretion and generally limited to legal requirements or proven inaccuracy.
10. Data Usage: Submission data may be used for trend analysis, industry reports, and platform improvements. Aggregated submission data may be shared publicly or with partners without individual attribution. Submission patterns may be analyzed to detect and prevent platform abuse.

By clicking "Submit" on any Project Submission, you acknowledge that you have read, understood, and agree to these terms, and that your submission will become part of publshd's permanent archive of contemporary illustration.

10. Feedback.

You may choose to or we may invite you to submit comments or ideas about the Website or any Services, including without limitation about how to improve the Website or any Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, voluntary, and without restriction and will not place Publshd under any fiduciary or other obligation, and that we are free to use the Idea without any attribution or additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Publshd does not waive any rights to use similar or related ideas previously known to Publshd, or developed by its employees, or obtained from sources other than you.

11. Monitoring and Enforcement; Termination.

Publshd reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms, which we may update from time to time in our sole discretion. We further reserve the right to monitor downloads and user activity for security of the Website or any Services, fraud detection, and protection of our Users and to ensure compliance with applicable laws. We may, without notice, change any of the Website or any Services, stop providing the Website or any Services or features of the Website or any Services, or create usage limits for the Website or any Services. We may permanently or temporarily terminate or suspend your access to the Website or any Services without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. We may remove or refuse to post any User Content or other content or communication for any reason or no reason in our sole discretion. We will not be liable for any loss or corruption of User Content or other content or communication you provide to the Website or any Services. Upon termination for any reason or no reason, you continue to be bound by these Terms.

12. Copyright Infringement.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or any Services infringe your copyright, you may request removal of those materials (or access to them) from the Website or any Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

13. Data, Privacy and Security.

1. Consents: We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed as described therein. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, including but not limited to GDPR and CCPA where applicable) related to personal information provided to us in connection with your use of the Service).
2. Third Party Services: Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our websites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.
3. Sensitive Personal Information: You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Services is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, "Sensitive Personal Information"). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
4. Security: Publshd cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to circumvent our security measures or use your personal information for improper purposes. You acknowledge that you provide your User Content and personal information and otherwise interact with or through the Website or any Services at your own risk. You are fully responsible for all interaction with or through the Website or any Services that occurs in connection with your registration information (including, without limitation, all Transactions). You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Services, and to ensure that you log off/exit from your account with the Services (if applicable) at the end of each session. Please see Section 3 ("Your Account") for requirements on managing accounts. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. If you sign into with or through the Website or any Services using a third-party social networking platform account, be sure to review the privacy and data usage policies of such platform to learn more about its personal information practices and your options, as they may differ from those governed by our Privacy Policy and these Terms.
5. Storage Practices and Limits: There is limited storage space for User Content on the Services. While we'll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content. We reserve the right to mark or treat as "inactive" and archive accounts and/or User Content that are inactive for an extended period of time, as determined by us in our sole discretion. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.

16. Third-Party Links and Content.

The Services may contain third-party content (including User Content of other Users) and links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Publshd, including links to publications that may require paid subscriptions or have restricted access. Publshd does not endorse or assume any responsibility for any such third-party sites, information, materials, products, content, or services. If you access a third party website from the Services, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve Publshd from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions or transactions of third parties (including other Users) found on the Services, including, and any other terms (such as warranties) are solely between you and such third parties. You agree that Publshd shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

17. Indemnity.

You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless publshd and its agents, licensors, managers, and other affiliated entities, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) suffered or incurred by any of publshd parties by reason of any claim, suit or proceeding ("Claim") arising out of or in connection with:

1. Your use of and access to the Website or any Services, including any data or content transmitted or received by you.
2. Your violation of any term of these Terms, including your breach of any of the representations and warranties provided therein.
3. Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
4. Your violation of any applicable law, rule or regulation or your breach of any representation, warranty or covenant in these Terms.
5. Any claim or damages that arise as a result of any of your User Content that is submitted via your account.
6. Any other party's access and use of the Services with your unique username, password or other appropriate security code.
7. The infringement or violation of any third-party Intellectual Property Right or other right by you through the Website or any Services.
8. Any dispute between or among any Users or third parties relating to any User Content or Services.
9. Any of publshd's role, action, failure to act or delay in acting in connection to any of the foregoing.

If we request that you defend a Claim, you will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing. "Policies" mean collectively the Pricing and Payment Terms, Publshd Submission Guidelines, the Privacy Policy and all other terms incorporated into these Terms by reference.

18. DISCLAIMERS AND LIMITATION OF LIABILITY.

1. DISCLAIMER OF WARRANTIES: THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU USE THE WEBSITE AND THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PUBLSHD, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE WEBSITE AND THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OF THE SERVICES IS DOWNLOADED OR OTHERWISE OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE WEBSITE OR SERVICES. PUBLSHD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY USER CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR OTHER THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING ANY COMMUNICATION OR ACT OR OMISSION RELATING THERETO OR RESULTING THEREFROM, OR THE BONA-FIDES OR CONDUCT OF ANY OTHER USER AND PUBLSHD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS.
2. DISCLAIMER OF DAMAGES: TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL ANY PUBLSHD PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE PUBLSHD PARTIES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
   • ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF ANY SERVICE OR USER CONTENT.
   • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES.
   • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
   • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY SERVICE.
   • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY SERVICE BY ANY THIRD PARTY.
   • ANY ERRORS OR OMISSIONS IN THE WEBSITE OR ANY SERVICE OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
   • ANY USER CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR OTHER THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING ANY COMMUNICATION OR ACT OR OMISSION RELATING THERETO OR RESULTING THEREFROM OR THE BONA-FIDES OR CONDUCT OF ANY OTHER USER OR ANY COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS.
3. LIMITATION OF LIABILITY: THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF PUBLSHD PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE WEBSITE OR ANY SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
4. Geographic Limitations: The Website and Publshd Services are controlled and operated from Publshd's facilities in the United States. Publshd makes no representations that Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or any Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information. You may not use the Website or any Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Note: The following Sections 19 and 20 are applicable to U.S. consumers and, to the extent permitted by applicable law, consumers in all other jurisdictions outside Canada.

19. Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY; IT AFFECTS YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A CLASS ACTION.

1. Arbitration of Disputes: For any claim, disputes, or controversy between you and us that arises out of, is related to or connected with the goods or services you acquire from or through us (individually a "Dispute" and collectively "Dispute"), you agree to first contact Publshd at support@publshd.com to attempt to resolve the Dispute informally. We hope we can resolve any Dispute with you.
2. In the unlikely event that you and Publshd are unable to resolve the Dispute within sixty (60) days after you contact us, then you and we each agree to resolve the Dispute only by and through binding arbitration with a single arbitrator. You and we further agree that the arbitration may be administered by American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA or, if an arbitration is not possible through AAA, through a similar well-recognized nationwide arbitration administration service with similar rules. The place of arbitration shall be Portland, Oregon and the language of the arbitration shall be English. The number of arbitrators shall be one. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement.
3. The only exceptions to our agreement to arbitrate are as follows: (1) any and all Dispute related to injunctive relief and/or any dispute relating to the enforcement or validity of your, your licensors', our, or our licensors' Intellectual Property Rights (as discussed below); (b) to the extent that arbitration clauses are prohibited by applicable law in jurisdictions outside of the United States; or (c) a Dispute that meets the requirements to be heard in small claims court as a single-plaintiff claim (which you may bring in such a small claims court at your option).
4. You agree that the U.S. Federal Arbitration Act encourages the arbitration of private disputes in an efficient manner and shall govern the interpretation and enforcement of this provision. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
5. Notwithstanding any arbitration rules to the contrary, if your Claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing. If your Claim is for more than U.S. $10,000, at the option of either party, the arbitration will be conducted at an in-person hearing.
6. We will advance the payment of filing fees and arbitrator's fees and expenses, with the understanding that the arbitrator will be permitted to re-allocate those costs in the award.
7. In any arbitration, the prevailing party will not seek to recover attorney's fees or expenses. The award rendered by the arbitrator will be final and may be entered as a judgment in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights.
8. Class Action Waiver: YOU AND WE AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PUBLSHD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won't be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this arbitration section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.
9. Opt Out: You may opt out of this arbitration agreement and class action waiver. If you choose to do so, neither you nor we can force the other to arbitrate and, following efforts to informally resolve any Disputes, the claim will be brought in court. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your account (if you have one), and an unequivocal statement that you wish to opt out of this arbitration provision, all sent to optout@publshd.com. You must also retain a copy of your opt-out notice.

20. Governing Law and Jurisdiction.

Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of the State of Oregon (and, to the extent controlling, the federal laws of the United States). The laws of the State of Oregon will govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the laws governing) these Terms. In addition, you agree that any claim, action or dispute arising under or relating to these Terms that are not covered by the arbitration provisions above will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Federal or State courts in Portland in the City and State of Oregon. Nothing in the foregoing will prevent us from bringing an action for infringement of Intellectual Property Rights in any country where such infringement is alleged to occur.

21. Notifications and Emails.

By providing us with your email address, you consent to Publshd using the email address to send you Website or Service-related notices, including any notices required by law, in lieu of communication by postal mail. Subject to applicable law, we may also use your email address to send you other messages, such as changes to features of the Service and special offers ("Newsletters"). We may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion (in accordance with applicable law). We reserve the right to determine the form and means of providing notifications to our Users. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your email and notifications preferences on your account settings page. In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to those communications at any time by clicking "Unsubscribe" at the bottom of such communication or by contacting support@publshd.com. Doing so may have a material impact on our ability to provide the Services to you and we are not responsible if you do so.

22. Export Control.

You acknowledge and agree that your use of the Services is subject to compliance with United States and other applicable export control and trade sanctions laws, rules and regulations, including, without limitations the regulations promulgated by the U.S. Department of Commerce and the U.S. Department of the Treasury ("Export Control Laws"). You will be solely responsible for complying with the Export Control Laws and monitoring any modifications to them. You represent and warrant that:

1. You are not a citizen of, or located within, a nation that is subject to U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, Sudan, Syria, Crimea, and North Korea).
2. You are not identified on any U.S. government restricted party lists (including, without limitation, the U.S. Treasury Department's List of Specially Designated Nationals and Other Blocked Persons, the U.S. Department of Commerce's Denied Party List, Entity List and Unverified List and the U.S. Department of State's proliferation-related lists).
3. You will not, unless otherwise authorized under the Export Control Laws, use the Service in any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear, chemical/biological weapons, rocket systems or unmanned air vehicles applications.
4. That no part of your User Content is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws.

You agree that you will not use the Service to disclose, transfer, download, export or re-export, directly or indirectly, User Content or any other content or material to any country, entity or other party which is ineligible to receive the same under the Export Control Laws or under other laws or regulations to which you may be subject.

23. Communications.

1. Notice for California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact us by writing to support@publshd.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834.
2. Confidentiality: By using the Service you agree you may acquire certain proprietary and confidential information (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.

24. General Provisions.

1. Entire Agreement: These Terms (including, without limitation, all other terms incorporated herein by reference) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any third party software license agreement or service level agreement that contain a link to the Services, the terms and conditions of these Terms will control, except: the Privacy Policy will control to the extent that it expressly overrides these Terms.
2. Changes or Updates to these Terms: We may revise and update these Terms from time to time in our sole discretion. You are responsible for regularly reviewing these Terms to obtain timely notice of such updates. To the extent permitted by law, all changes are effective immediately unless we indicate a different effective date when we post them. Your continued use of the Website or any Service or the continued presence of your User Content on the Website after the effective date will be deemed an acceptance of the updates. Notwithstanding the foregoing, any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms incorporating such changes or otherwise notified you of such changes.
3. Interpretation: Unless the context requires otherwise, in any part of these terms: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; (ii) use of the singular imports the plural and vice versa; (iii) references to a gender (including "they", "their" or "them") or no gender include any other or no gender; (iv) "Person" means an individual or legal entity, including a company or a governmental agency or instrumentality; and (v) the headings in this Agreement are for ease of reference only and shall not affect its interpretation.

25. Independent Contractors.

No employment, agency or fiduciary relationship is created between you or any other User and us related to any Services or the provision or use thereof. Each User will be solely responsible for any and all union fees, mandatory contributions, withholdings, taxes and surcharges, including income tax, VAT, use, excise or similar taxes, applicable to any fees for Services or User Content.

26. Contact.

Please contact us at support@publshd.com with any questions regarding the Services, these Terms, your account, or billing matters.