Serene Woods is an online portal with two sections – one for books and one for photographs.
At ‘Words’, users can buy or sell a piece of writing of most forms. We feature books, poetry, short stories, blogs and other various forms of literature. In a nutshell, we help authors distribute pieces of writing that span a wide range of subject matter.
At ‘Memoirs’, users can buy or sell a photograph as a piece of art. Photographs range from coloured to black and white and across wide genres.
As such, we also set out to provide a safe, friendly, and serious site for people of all ages and backgrounds.
Serene Woods users range from all age groups, geographies and interests. Because of this wide market, we plan to steer clear of content that might make the majority of our users squirm.
We also support copyrights, which means that you cannot post content that you don't own or have permission to publish. If you believe that the material on Serene Woods violates your copyright, we encourage you to notify Serene Woods on the particular piece of content. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Serene Woods or others, Serene Woods may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Serene Woods will have no obligation to provide a refund of any amounts previously paid to Serene Woods or owed to the user.
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to Serene Woods' website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and Serene Woods.
By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
Serene Woods is a medium to facilitate users to publish and purchase content in on-line or printed formats. We are not a publishing house but facilitate users to use our tools to publish their piece of writing or photography. Content may consist of information, data, text, software, music, sound, photographs, art, paintings, graphics, video, messages or other materials. We also provide services to our Users, and facilitate our Users’ receipt of other services from third parties.
When you post Content (a piece of writing or a photograph) on Serene Woods, the copyright of the content stays with you, but you grant Serene Woods the nonexclusive right to provide a service to post, display, copy, and sell that Content within the limitations you set during the online publishing process.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address or any other personal information (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 Serene Woods to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By posting your Content on the site, you grant that Serene Woods may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Serene Woods may make minor modifications to the Content for technical reasons. Serene Woods will credit you and/or the original artist, and we will usually ask you first. We will not feature Content that you haven’t permitted for public access.
By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
- Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Serene Woods for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;
- Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- Does not invade any individual's right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- 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 (including Personal Data);
- Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or Serene Woods rule or policy;
To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Serene Woods cannot guarantee the accuracy, integrity or quality of Content.
- Does not offer or disseminate 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;
Serene Woods reserves the right to refuse to permit your publication on the Site of any Content that Serene Woods, in its sole discretion, deems in violation of the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
Serene Woods also reserves the right to reserve a portion of the back cover of any published book for placement of a unique identifying number and barcode (the ISBN number).
As the owner of the Site, Serene Woods reserves the right to place advertisements on the Site.
As a User, you agree not to use the Site to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm anyone, including minors, in any way;
- Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
- Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
- Employ 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;
- Impersonate another person or entity or to forge any e-mail communication or message; and
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
- Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
Serene Woods reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
In general, Serene Woods collects Personal Data when you register with Serene Woods, when you use Serene Woods services and when you visit Serene Woods pages or pages related to the Content posted on Serene Woods pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you, to contact those who purchase your Content and to improve Serene Woods services. Serene Woods endeavors to limit access to your Personal Data to only those Serene Woods employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.
Serene Woods will disclose Personal Data under the following circumstances:
- In response to court order, other legal process, to establish or exercise Serene Woods' legal rights or defend against a legal claim, or as otherwise required by law;
- As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
- To Serene Woods' trusted partners who work on Serene Woods' behalf under confidentiality agreements;
- If Serene Woods is acquired by or merged with another company; and
Serene Woods will set and access cookies to keep track of your login status.
Your Personal Data does not include your Serene Woods username, and any information you make available publicly. Your Serene Woods public contact information may be displayed on the site to other users.
In order to purchase Content, services, or tools on or through the Site, User must possess a valid credit card or a valid bank account or a PayPal account. During the publishing process, Users are asked to choose the amount of author/photographer revenue they will receive for each piece of Content sold. If Serene Woods sells your content, and we receive payment, Serene Woods will pay you the author revenue amount you chose.
If you have published and sold Content on the Site, the amount of author/photographer revenue you are owed will be visible in your account.
Every month we will do a bank transfer to the author subject to minimum earnings of Rs. 500 a month.
Every month we will do a bank transfer to the photographer subject to minimum earnings of Rs. 5000 a month.
As an author/photographer, you can also request for funds withdrawal at anytime you so choose.
Content that has been purchased, whether in electronic or printed format, will be accepted for return only if it is damaged when received by the purchaser.
In case you receive a defective copy of a book or photograph, please contact us within 3 calendar days at firstname.lastname@example.org and we shall have it replaced after receiving the defective copy.
We cannot guarantee the quality of the Content in the books hosted by Serene Woods. The company does not accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, etc.), it’s formatting, design or overall appearance. The User approves the visual presentation and content of each item and bears responsibility for its quality and presentation. Serene Woods' staff does not monitor or check individual Content prior to publication through our web site.
We want to make sure that you have correctly completed the information in the User Registration form on the site (“User Information”). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.
You will have the opportunity to select a username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Site at the same time using the same username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or Password or any other breach of security regarding the Site of which you are aware. Serene Woods may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
If you wish to terminate your Membership, please contact us with a specific request to do so by emailing us at email@example.com
When you choose to remove your Content from Serene Woods, it will no longer be available or visible to other visitors.
The exceptions to your ability to remove Content are as follows:
- Content that you have granted permission to other Users to incorporate into collaborative projects. If Content has been incorporated into another work for sale on Serene Woods, then the derivative work remains available even when the original work is retired;
- Content retained in our archives to the extent required by our data backup systems or, at Serene Woods' discretion, for archival purposes. Serene Woods 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;
Serene Woods does not retain any residual rights to deleted or retired work other than those outlined above.
- Content that you have made available to purchasers in electronic formats may also remain available on the Site to Users who have purchased that Content.
If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
If you decide to take your content off the site and publish through someone else, you will need to inform us of the same. If your content has sold 100 or more copies then subsequent sales through any other publisher will bind you to pay 5% of sales to Serene Woods.
If you purchase Content off the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
- You can resell your own physical content at your discretion and at whatever price you want;
- You may not resell any other Content or otherwise profit from its use or display on the Serene Woods marketplace;
- 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;
- The Content owners who sell Content through Serene Woods 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
- You will not remove or obscure any proprietary rights notices contained in or on the Content.
Serene Woods makes no representation that material on the Site is appropriate to or available at locations outside of India. You may not use the Site or export the Contents in violation of India export regulations. If you access this Site from a location outside of India, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
Technical, maintenance and other issues may make Serene Woods unavailable from time to time. Serene Woods 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. Serene Woods 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.
Everything on Serene Woods' Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by Serene Woods 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, Serene Woods cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
Regarding downloads, Serene Woods does not represent or warrant that downloading content or use of the site will be successful, and does not represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files or peripherals. Serene Woods will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the site and downloading Content.
In no event shall Serene Woods or any of its officers, employees, directors, 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 in contract, tort or otherwise, even if Serene Woods or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Serene Woods, 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 Serene Woods in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Serene Woods, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Serene Woods in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement.
If someone takes Serene Woods to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Serene Woods. In other words, you shall indemnify and hold Serene Woods harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Serene Woods 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.
Serene Woods 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. Serene Woods owns the design, format and layout of the Site. Serene Woods authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from Serene Woods does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Serene Woods grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The Serene Woods logo and the names of all Serene Woods products and/or services as posted herein are either trademarks or service marks or registered trademarks and/or service marks of Serene Woods.
This Agreement is binding. It cannot be changed, except as the Agreement 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. No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of India, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the Arbitration and Reconciliation Act, 1996. The location of the arbitration shall be Singapore. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Serene Woods and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
This Agreement is effective until terminated. Serene Woods may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Serene Woods. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
By 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 Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
Serene Woods may change the terms in this Agreement from time to time. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Serene Woods and discontinue your use of the Site. If you use the Site after Serene Woods has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.