Printcasting Terms of Use

This AGREEMENT and the documents referenced herein ("Agreement") is a legal agreement between Participata, LLC, a limited liability company, with an address at 1822 18th Street, Suite 300 Bakersfield, CA 93301 ("Company"), and you, the “Publisher”, “Advertiser”, or “Contributor” (collectively referred to as “Parties”) as defined by this Agreement and agreed to by Parties.

Welcome to Printcasting!  Printcasting is a first of its kind online tool that assists users in dynamically creating customized newspapers and magazines comprised of information gathered from local news sources such as blogs, newsletters, news organizations, user content, and other Contributors.  Creating your own publication is as simple as adding the elements you want included in your publication through the easy to use Printcasting.com interface.  Without having to hire a team of editors, graphic artists, or authors you will be able to create your own, professional publication for distribution.

Publishers will also be able to allow Advertisers to place targeted advertisements in their publications and receive a portion of revenue generated from those advertisements.  Publications created by the user may then be available for print, download, and distribution to Subscribers.

1.    DEFINITIONS:

“Advertiser” means a user who submits an advertisement to be placed in a publication.

“Advertising Services” means the tools provided by Printcasting whereby Advertisers can dynamically create, edit and pay for their own advertisements through a Web interface without having to work through a salesperson.  This includes adding their own images, creating their own text in the body of the advertisement, changing font size and color, editing the borders, and even allowing advertisers to select a “coupon” border so that Subscribers can cut out the advertisement.

“Contributor” means a content provider.  This could mean content available from a blog, RSS feed, news article, or even content uploaded directly to Printcasting.com.

“Contributor Services” means the tools available on Printcasting for allowing Contributors to make their content available for Printcasting publications.

“Intellectual Property Rights” means all forms of intellectual property rights, including moral rights, and protections throughout the world, whether currently existing or hereafter developed or acquired and whether now known or hereafter recognized, including all right, title and interest arising under United States or foreign common or statutory law in and to all,: (a) patents and all filed, pending or potential applications for patents, including any patent disclosure, reissue, reexamination, division, continuation or continuation-in-part applications throughout the world now or hereafter filed; (b) trade secret rights, know-how, technical information, rights in databases, rights to confidential or other proprietary information and equivalent rights; (c) copyrights, copyright registrations, design registrations and applications therefore, moral rights, other literary property or authors' rights, whether or not protected by copyright or as a mask work; and (d) proprietary indicia, trademarks, service marks, trade names, trade dress, logos, symbols, domain names, logos and/or brand names and all goodwill associated therewith.

“Printcasting” means the tools available by Company that allows: Publishers to create publications, Advertisers to advertise in publications; Contributors to make their content available to Printcasting publications; and Subscribers to subscribe to and receive publications.

“Publisher” means the creator of a publication using Printcasting’s online tools.

“Publishing Services” means the Printcasting tools, which allow registered publishers to dynamically and instantly create a personal publication comprised of topically relevant content from participating contributors. Content consists of personalized text, images, and content chosen by the Publisher. Each Publisher has the ability to distribute their personally created Publication to subscribers to their Publication.  As a Publisher you get to choose the balance of content from each source and its overall order; your publication's preset templates; header images; background images, fonts, and colors.  You may also upload images to use as headers and then generate printable, downloadable, transferable PDF layouts.  All of this is done dynamically, simply, and all from the Printcasting website.  Printcasting even generates a web-friendly "microsite" version of the publication, wherein the URL of your microsite is included in the masthead of your publication.  As a Publisher, you will also have the ability to contract with Advertisers who want to advertise in your publication.  As a Publisher, you control the look of your publication, its content, and its advertisers.

“Revenue Sharing” means the service which allows payments by Advertisers to be distributed proportionately among Publishers, Contributors, and Printcasting.

“Subscriber” means anyone who signs up to use the tools and services provided by Printcasting, including receiving notifications when new editions of selected Printcasts have been published.

2.    BINDING EFFECT. This is a binding agreement between you and Company providing, among other things, the terms and conditions for your use of Company websites, hereinafter collectively referred to as the “Site”, “Sites”, “Service” or “Services.” By using the Services you agree to abide by these Terms of Use and, as they may be amended by the Company from time to time in its sole discretion. Company will post a notice on the Services any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease use of the Service. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3.    PUBLISHING SERVICES: By accepting these terms of service, Publisher agrees that it is providing a service independent from that of Company.  Publisher agrees to and understands the following: it is providing independent Publishing Services to Advertiser for distribution to Subscribers and Company reserves the right to remove any Subscribers who want to be removed from receiving Publisher’s publications.   Publisher also acknowledges: that Company is not responsible for or liable for any of Publisher’s unlawful distribution of its publications; it will only send its publications to those to whom it is lawfully allowed; it is responsible for all content, including any unlawful content published in its publications; it is responsible for any refunds to Advertisers or Contributors and is responsible for any losses or claims relating to its use of the Publishing Services; it will comply with all deadlines and rules governing the use of Company’s Printcast services; Company’s fee arrangement and its responsibilities for setting advertising rates and Company and Publisher’s rights to any revenues resulting from advertising through Publishing Services; Company may publish Publisher’s publications in any method it decides in the future to promote Printcast Services; Company has the right and authority to modify Publisher’s publications to conform to the functionality of Printcast Services; Company may access Publisher’s subscriber and Advertiser metrics including, number of subscribers, number of downloads, number of web page views, revenue per edition, and advertiser revenue information.

You acknowledge that by using Printcasting, you will not acquire any right, title, or interest in or to the Company or its services except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Company or Printcast Services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter Company or Printcasting services’ copyright notices, brand features, or other proprietary rights notices affixed to or contained within any said services, software, or documentation (including without limitation the display of Company or Printcasting brand features.

As a Publisher, you also agree that you are responsible for any and all claims related to charges for advertisements in your publications or any and all claims related to problems with advertisements in your publications.

4.    CONTRIBUTOR SERVICES: Contributor agrees: that it is has reviewed and accepted Publisher’s terms; that Company is merely an Internet Service Provider of the Publishing, Contributor, and Advertising Services; that Company does not monitor or control the content of the Publishing, Contributor or Advertising Services; Company is not responsible for any falsity, deception, errors, or complaints as a result of advertising with Publisher; and Advertiser agrees to defend, hold harmless, and indemnify Company from all claims, and release from all liabilities for any falsity, deception, errors, or any other claims relating to Publisher's publications.  Contributor also agrees that content it contributes may be used by one or more Publishers and that it may receive revenue for the use of that content.

5.    You acknowledge that you will not acquire any right, title, or interest in or to the Company or Printcasting services except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Company or Printcasting services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter Company or Printcast Services’ copyright notices, brand features, or other proprietary rights notices affixed to or contained within any said services, software, or documentation (including without limitation the display of Company or Printcasting service’s brand features.

6.    ADVERTISING SERVICES: Advertiser agrees: that it is Advertising with Publisher and has reviewed and accepted Publisher’s terms; that Company is merely an Internet Service Provider of the Publishing, Contributor, and Advertising Services; that Company does not monitor or control the content of the Publishing, Contributor or Advertising Services; Company is not responsible for any falsity, deception, errors, or complaints as a result of advertising with Publisher; Advertiser is fully responsible for advertising content and placement; and Advertiser agrees to hold Company harmless, indemnify from all claims, and release from all liabilities for any falsity, deception, errors, claims relating to Advertiser's content.  Advertiser also agrees that any and all claims relating to advertising charges or any and all claims relating to its advertisements are between Advertiser and Publisher.

7.    REVENUE SHARING: Printcasting also allows Publishers to pay for optional Advertising Services from Company.  Advertising Services allows a Publisher to receive payment for an advertisement from Advertiser through an e-commerce provider and method for payment chosen by Company whereby Publisher and Contributor are paid a percentage of payment received from Advertiser, and Company is paid a percentage of payment received from Advertiser for the use of Printcasting.

8.    REVENUE SHARING PROGRAM:  The process for and distribution of revenue from Advertising is as follows:

  • Advertisers can submit their payment for advertising by selecting the type of advertisement and which publication(s) in which they want to advertise;
  • Upon publication of the next edition of each publication, the advertiser's card will be charged for the requested amount and all payments will be deposited into a Printcasting account;
  • Each payment by an Advertiser will be matched with a corresponding Publisher's account designated by the Advertiser.
  • The advertiser will create orders for the number and type of advertisements for the publication(s) of their choice, and provide credit card information for payment. The advertiser’s card will be charged for the specified amount as a new edition of each publication specified by the advertiser is published.
  • Printcasting will periodically review the Printcasting account to determine any amounts owed to Publishers and Contributors and transfer sixty percent (60%) of Advertiser’s payment into the Publisher's account and thirty percent (30%) into an aggregated Contributor’s account. In the event that Publisher is providing all of the content in the publication, the publisher will be treated as the Contributor with respect to the thirty percent (30%) of the revenue from payment to Advertiser, payable on the same schedule as other Contributors. If a Contributor has waived its right to revenue from payment by Advertiser, Contributor’s thirty percent (30%) will be maintained by the Printcasting network.
  • Printcasting will track the amount due to all Contributors. Printcasting will periodically analyze the use of all Contributors' content and generate a comparative report of all Contributors showing the percentage of their content used by all Publishers. Each Contributor will receive from the Contributor’s account their percentage which will be transferred to a functional Paypal account designated by Contributor. If Contributor fails to set up  and provide a Paypal account, or if there is a problem in transferring funds to the account which is not the fault of Printcasting, the funds will remain in Printcasting's account until the problem is resolved.  Any interest accrued will remain the property of Printcasting.  Any funds not collected by Contributor within sixty days (60 days) will automatically become the property of Printcasting.
  • If Publisher fails to provide an acceptable Paypal account, or fails to provide a properly filled out W-9 form, or if there is a problem in transferring funds to the account which is not the fault of Printcasting, the funds will remain in Printcasting's account until the problem is resolved.  Any interest accrued will remain the property of Printcasting.  Any funds not collected by either Publisher within sixty days (60 days) will automatically become the property of Printcasting.
  • Participants who meet or exceed federal revenue minimums per year by participating in Printcasting’s revenue sharing program will be required to submit proper income tax forms such as W-9 forms to Printcasting.  Failure to do so will cause Printcasting to stop all revenue payments to those participants who fail to abide by these requirements.  It is strongly recommended that participants in revenue sharing immediately provide proper income tax forms upon first participating in Printcasting’s revenue sharing.  If, after 90 days, proper forms are not provided, all revenue owed to any participants who have not provided the proper forms will become the property of Company.

9.    PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found at http://www.printcasting.com/privacy_policy. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.

10.    USER ACCOUNTS: When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not, without permission, use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

11.    USE OF PRODUCTS. Company may make certain of its tools and other content available to you from the Site. These include, but are not limited to, software, images, sound files, news content, and other distributable products, excluding Publications. (“Products”) If you download or use these from the Site, the Products, including all files and images contained in or generated by the Products, and accompanying data are deemed to be licensed to you by Company for your use with Printcasting services only. Company does not transfer either the title or the intellectual property rights to the Products, and Company retains full and complete title to the Products as well as all intellectual property rights therein. Other than Publications you may not sell, redistribute, or reproduce the Products, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Products to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. Company further reserves the right to restrict the use of hyperlinks to its site from third parties and you agree to create hyperlinks to Company’s Services which conform to these Terms of Service.

12.    USER CONTENT. By using Company and its Services, you are granting Company a license to use materials you have currently registered or have registered in the past for use with the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content for use with its Services, and online or print publications. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

13.    COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or any other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. You also agree to monitor content in your content, publications, or advertisements for any potential violations of privacy, intellectual property, or any other laws. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

14.    INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is libelous, defamatory, obscene, pornographic, abusive, or threatening; advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or, advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. You further agree that you will not use the Services for spam, unlawfully solicited messages, uploading viruses or other, similar software.

15.    NOTICES. Company has in place procedures regarding complaints in violation of Company policy, state, and federal laws. All notification of such violations should be directed to the following unless otherwise specified in this Terms of Service:

Customer Service
Participata, LLC
1822 18th Street, Suite 300
Bakersfield, CA 93301
Email: printcasting@printcasting.com
Fax: 661-395-7339

16.    DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

-    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

-    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

-    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

-    Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

-    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

-    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company’s designated “Copyright Agent” to receive notifications of claimed infringement is:

Copyright Agent,
Participata, LLC
1822 18th Street, Suite 300
Bakersfield, CA 93301 
Email: copyrightnotice@printcasting.com,
Fax: 661-395-7339

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Company customer service at the address listed above unless otherwise indicated herein.  You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

17.    ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

18.    NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

19.    LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

20.    AFFILIATED SITES AND CONTENT. Company is affiliated with and sometimes receives Content from various third parties.  Company has no control over, and no liability for any third party websites, materials, or Content submitted to Company. Company works with a number of partners and affiliates whose Internet sites may be linked with its Sites. Because neither Company nor its Sites have control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, articles and websites) that are owned by or provided by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

21.    PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

22.    INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

23.    COPYRIGHT. All content of Company and of its Site and Services are, Copyright © 2009 Participata, LLC, 1822 18th Street, Suite 300, Bakersfield CA, 93301. All rights reserved worldwide.

24.    GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Kern County, California, in all disputes arising out of or related to the use of the Site or Service.

25.    SEVERABILITY; WAIVER. If, for whatever reason, any term or condition in these Terms of Use is declared to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

26.    NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, or any other property owned by Company or by any third party.

27.    CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company is a local provider of online services in Kern County, California and its surrounding cities and counties. Company makes no representation that the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

28.    BY PERFORMING SERVICES AND SUBMITTING WORKS TO COMPANY VIA THIS INTERACTIVE COMPUTER SERVICE AND WEB SITE, PUBLISHER, CONTRIBUTOR, OR ADVERTISER HEREBY EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS MODIFIED FROM TIME TO TIME BY COMPANY, AND ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT PUBLISHER, CONTRIBUTOR, OR ADVERTISER IS AT LEAST EIGHTEEN (18) YEARS OF AGE.