Sana Writing Tool rules

Sana Stories
General Terms of Service

Welcome to Sana Stories, an interactive content sharing platform provided by 10th Muse Oy
(hereinafter “10th Muse”, “we” or “us”). These General Terms of Service (“Terms”) govern the use of Sana Stories, so please take a few moments to get acquainted with them. By Sana Stories, we refer to our website sanastories.com (“Website”) as well as associated Sana Writing Tool sana-write.com (“Tool”) and our mobile application Sana Stories (“App”). Website, Tool and App are collectively referred to as the “Platform” or “Sana Stories”.

The basic idea of the Platform is to offer independent authors (“Author(s)”) the possibility to create and upload written works (“Works(s)”) on the Tool. From there, the Authors may decide to self-publish their Work to our readers (“Reader(s)”) by making them available via the App. By doing so, Authors are entitled to a percentage-based share of our subscription revenue generated by our subscribed Readers.

Better yet, our Platform further enables the Authors and Readers to interact with each other by offering functionalities to post reviews, comments, likes and engage in sharing activities of the Works (“User Generated Content”). Thus, Author and Reader may also be collectively referred to as “User” or “you”.

Simply put, the most essential points of these Terms in relation to different roles are as follows:

(i) Authors

  • As the Works are in most cases protected by your copyright, you need to provide
    us with certain rights regarding your Works in order for us to provide you with: (a)
    the Tool for Unpublished Works; and (b) the ability to self-publish your Works to
    the App;

(ii) Readers

  • We need to agree on the terms under which you may use the Platform and gain
    access to self-published Works via the App.

(iii) Users (Authors and Readers)

  • We need to agree what kind of behaviour is and is not acceptable during your
    access to and use of the Platform, including provision of User Generated Content.

Our role as an intermediary between Authors and Readers is to supervise compliance with applicable copyright laws. Therefore, we retain the right to screen the Works for plagiarism and illegal content and remove any infringing Works from the Platform.

Please note that any intellectual property rights regarding the Works granted by you to us only concern the digital format of such Works. Therefore, this Agreement does not in any way limit your exclusive right to control your Works in a physical format. 

By gaining access to and using the Platform, the User agrees to these Terms and the Privacy Policy found at https://sanastories.com/gdpr/ (collectively, “Agreement”). If you do not for some reason agree with the Agreement, we kindly ask you not to use the Platform. 

1. GENERAL TERMS

1.1 The Agreement applies to all Users of the Platform.

1.2 With “Unpublished Works” we mean material written in our Tool but not made available to our Readers. Authors may create and upload any kind of Unpublished Works on the Tool, provided that the Works comply with these Terms. However, the terms and conditions for writing contests and other special promotions (each, a “Special Promotion”) may include specific deadlines for submissions and/or limits on the nature and amount of Works to be submitted.

1.3 Readers may gain access to the self-published Works via the App, subject to compliance with these Terms.

1.4 If you decide to participate in any Special Promotions we may offer, you agree to be bound by the terms and conditions of such Special Promotion, in addition to this Agreement.

1.5 Please note that we may make changes to this Agreement with 30 days written notice. All changes shall become effective once displayed on the Website. Your continued use of the Platform after that implies your consent to be bound by such changes. If you disagree with any changes in the Agreement and do not wish to be subject to the new terms, you need to close your Account and/or stop using the Platform.

2. OPTIONAL USER ACCOUNTS

2.1 You do not have to register to use the Platform. However, you may create a user account (“Account”) to benefit from all functionalities of the Platform. While doing so, you must present all information required truthfully and accurately. If you are under 18 years old, you must have an approval from your legal guardian(s).

2.2 All Accounts are of personal nature and you are solely responsible for the use of your Account. We urge you to keep your Account credentials always secured and notify us of any unauthorized access to your Account. 10th Muse does not accept any liability for unauthorized use of your Account.

2.3 10th Muse reserves the right to terminate any Account and/or to remove Works or User Generated Content from the Platform at discretion, e.g. if you are in breach of this Agreement.

3. RIGHTS GIVEN BY 10TH MUSE TO USERS AND GROUND RULES FOR THE PLATFORM

3.1 At 10th Muse we aim to make the provision of Works and User Generated Content as safe for you as possible. To achieve this, we need to secure our interests in the process. Therefore, we need to agree upon certain ground rules concerning the Platform. These ground rules are described in this Section.

3.2 We grant you a personal and non-exclusive right to use the Platform solely for the following purposes:

(i) Authors may:

  • create and upload their Unpublished Works on the Tool; and
  • self-publish the Works to the App.

(ii) Readers may:

  • access Works displayed through the App.

(iii) Users may:

  • access and use the Platform as well as create and/or review User Generated Content.

3.3 Users may not provide any such Works or User Generated Content to the Platform that contain illegal content. This includes any content that:

(i) contains defamatory or libellous material such as insulting or false material;

(ii) promotes illegal activities, hate speech, racism, bigotry or physical harm against any group or individual;

(iii) harasses or encourages harassment of another person;

(iv) violates any intellectual property right or right of publicity or privacy; and/or

(v) is otherwise contrary to any applicable law.

3.4 Users are responsible for the Works and User Generated Content submitted on the Platform. In other words, you must be the owner of the Works or User Generated Content you submit to the Platform or at least have necessary legal rights to do so.

3.5 We would like to especially underline to our Authors that they must possess necessary intellectual property rights for Works submitted to the Platform. If you don’t, we reserve the right to take action as demanded by the law, if we would receive copyright violation claims regarding your Works.

3.6 10th Muse does not have any liability for the Works or User Generated Content submitted to the Platform, unless the law requires otherwise.

3.7 Unless otherwise permitted under this Agreement, the User may not:

(i) test the vulnerabilities or circumvent any usage control or anti-copy features of the Platform;

(ii) use the Platform, Muse Content, User Generated Content and/or Works in any manner that could damage, overburden or impair the Platform;

(iii) use, copy, sell, rent, license or otherwise provide anybody with the Platform, Muse Content, User Generated or Works thereof, except as provided herein;

(iv) interfere with other Users’ use of the Services;

(v) reverse engineer the Platform or access the source code thereof, except as permitted by law;

(vi) use the Platform in violation of applicable laws and regulations;

(vii) use the Platform for transmitting any unauthorized advertising, promotional materials, junk mail or any other form of solicitation or mass messaging; and/or

(viii) use the Platform to transmit any material that contains adware, malware, spyware  or any other computer code designed to destroy or limit the functionality of computer software or equipment.

3.8 We shall do your best to keep the Platform operational. Sometimes, we may have to suspend the availability of the Platform due to installation, change or maintenance work or if required by law. Unless otherwise stated, the Platform is provided “as is”. In other words, 10th Muse does not guarantee that the Platform is or will be error-free, will meet the user’s requirements, or be timely or secure.

4. RIGHTS GIVEN BY AUTHORS TO 10TH MUSE FOR UNPUBLISHED WORKS

4.1 As we value our Author’s intellectual effort to create Unpublished Works, we recognize the obvious fact that the ownership and intellectual property rights to Unpublished Works belong to the Author. We are only asking the Author to transfer us certain necessary rights to Unpublished Works for the sole purpose of providing the Platform. 

4.2 In addition to what is written in section 6.1 below, Author grants 10th Muse, for the duration of the Agreement, the right to edit, modify and display Unpublished Works uploaded on the Tool. These rights are exclusively used by us to ensure the functioning of the Tool and to store Unpublished Works. These rights are not exclusive or irrevocable to us, but we need them to be worldwide, royalty-free, transferable and sublicensable in order for us both to benefit from the Platform.

4.3 Further, we are asking you to give us the right to transfer or sublicense these rights under section 4.2 above to our wholly owned subsidiaries, if needed. This does not mean we would have any right to transfer or sell any of your rights to third parties nor transfer any rights licensed to other third parties besides our subsidiaries.

4.4 All rights for Unpublished Works not expressly granted to 10th Muse hereunder shall belong to the Author. Furthermore, the Author shall always retain their moral rights to Unpublished Works.

5. rights given by authors to 10th muse for self-published works

5.1 Using the Tool to create a work does not yet mean you have self-published it. In case you wish to self-publish your Works via the App, the ownership and intellectual property rights to such self-published Works shall also belong to you. However, in this case we are asking to grant us a bit more extensive rights compared to Unpublished Works. This is to enable your self-publishing activities as well as to protect our legitimate interests.

5.2 Author hereby grants 10th Muse the following worldwide, non-exclusive, irrevocable, non-transferable and non-sublicensable rights for self-published Works:

(i) right to display self-published Works to the Readers through the App and create necessary copies of the Works for this purpose;

(ii) right to transfer or sublicense all the right granted to us by the Author under this section 5 to our wholly owned subsidiaries;

(iii) for the sole purpose of marketing and promoting the Platform, the right to retain the self-published Work on the Platform perpetually in order to use chosen parts of the Works at discretion (such as excerpts, covers, titles and name of the Author) 

5.3 Please note that the right referred to in section 5.2 (ii) above does not mean we would have any right to transfer or sell any of your rights to third parties nor transfer any rights licensed to other third parties besides our subsidiaries.

5.4 Authors are free to remove or delete any Works from the App at any time. However, we need the right to display such removed or deleted Works up to three (3) months following your deletion or removal notice. This is because of our previous engagements with Readers.

5.5 All rights not expressly granted to 10th Muse hereunder shall remain with the Author. Furthermore, the Author shall always retain their moral rights to self-published Works, whenever they are displayed to Readers or the Work itself is explicitly marketed by us.

5.6 As situations may change, we would like to have some flexibility to use your Works beyond what is agreed above, but only if any such further transfers of rights from you to us are agreed separately with you. These may include e.g. right to create derivative works such as audiobooks based on the original Works, right to translate original Works, or right to edit a Work as part of an editorial process.

6. other limited rights required by 10th Muse FROM THE AUTHOR

6.1 Regardless of the rights granted to us by the Author in sections 4 and 5 above, we need the right to edit, modify, display, store and distribute any content, including Works provided to the Platform for necessary technical reasons. This may include e.g. right to display a Work on different font size and kerning on different mobile devices or right to store a Work to our database and further distribute it internally on our cloud platform. However, this is not an exhaustive list of methods we may use in ensuring the technical functionality of our Platform.

6.2 The rights granted in section 6.1 above concern strictly necessary technical reasons and must not be confused with any right to edit, modify or change Works for editorial purposes that should be agreed separately with you.

6.3 Regardless of the rights granted to us by the Author in sections 4 and 5 above, we need the right to make any content, including Works provided to the Platform available to certain third parties to the extent strictly necessary for the purposes of preventing violations of intellectual property rights such as plagiarism, content theft or likewise, as required by the law.

6.4 Further, Author grants us the right to transfer or sublicense all the rights granted to us by the Author under this section 6 to our wholly owned subsidiaries. This does not mean we would have any right to transfer or sell any of your proprietary rights to third parties nor transfer any rights licensed to other third parties besides our subsidiaries

6.5 All rights not expressly granted to 10th Muse hereunder shall belong to the Author. Furthermore, the Authors shall always retain their moral rights to Unpublished Works.

7. USER COMMUNITY

7.1 As mentioned above, signing-up to the Platform may provide Users access to various interactive Platform features (e.g. comment pages and review features) that allow the User to participate in the Platform’s user community.

7.2 User shall be solely responsible for any User Generated Content submitted to the Platform by the User. User may not under any circumstances submit User Generated Content that violates the terms of section 3. 10th Muse has the right to review any User Generated Content at discretion and remove it from the Platform at any time.

7.3 The Platform may contain links to third party websites. Any such links are provided for the User’s convenience only. 10th Muse does not control those websites, and is not responsible for their contents or practices, including their privacy practices. 10th Muse does not endorse the operators of those sites, nor does 10th Muse endorse or make any representations with respect to the contents of those sites or any products and services offered on those sites.

8. our proprietary rights

8.1 Without ignoring sections 4-6 above, we need to establish certain rights to our Platform itself. The Platform may contain various material provided by us or third-party licensors, such as software, text or visual elements (“10th Muse Content”). Please note that the title and intellectual property rights to 10th Muse Content shall belong exclusively to 10th Muse and its third-party licensors. You may use 10th Muse Content only to the extent permitted under this Agreement.

9. Payment and fees

9.1 In order to request and receive payment for the self-published Works, the Author must have an active PayPal account. Your use of PayPal is governed by the terms and conditions of PayPal accessible here https://www.paypal.com/ga/webapps/mpp/ua/legalhub-full . 10th Muse is not responsible for any error with your PayPal account or information.

9.2 As an Author, you are entitled to twenty-five percent (25%) of the subscription revenue generated from your Works. For clarity, the subscription revenue above is the revenue that exists after we have paid necessary costs related to the Platform, such as Google Play or Apple App store fees. Nevertheless, the amount you earn as an Author depends on the amount of words read of  your Works by the end of each calendar month. 

9.3 Authors may request for a payment once the balance on the Author’s Account has reached a minimum of fifty (50) euros. We shall deliver the payment by the end of each quarter. It will take 3-5 business days to transfer the payment to your PayPal account.

9.4 Authors shall be responsible for paying any applicable taxes concerning the subscription revenue received from 10th Muse.

10. miscellaneous

10.1 For avoidance of doubt and in case of any conflict or likewise, the terms and conditions of Special Promotions shall override this Agreement. 

10.2 This Agreement represents the entire agreement between you and 10th Muse regarding the Platform and replaces any prior agreements thereof. 

10.3 This Agreement does not constitute an employment agreement between 10th Muse and the Author.

10.4 If we do not choose to exercise or enforce a right or provision under this Agreement, that does not mean we have waived that right or provision. If any provision of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.

11. choice of law and Dispute resolution

11.1 This Agreement shall be governed by the laws of Finland without regard to its principles and rules on conflict of laws. All disputes, controversies or claims between 10th Muse and the Author arising out of this Agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English.

11.2 However, disputes, controversies or claims between 10th Muse and the Reader arising out of this Agreement shall be primarily settled by arbitration in accordance with section 11.1 above, provided that the Reader has consented to such proceeding after the dispute, controversy or claim has materialized. In case the Reader refuses the arbitration proceeding, any dispute, controversy or claim shall be finally settled by the district court of Helsinki. 

12. Company Contact Information

10th Muse Oy

Maria 01 (Start-up hub)

Lapinlahdenkatu 16, building/rakennus 5

00180 Helsinki, Finland

Company ID / Y-tunnus: 3021838-5

email: company@10thmuse.net

https://www.10thmuse.net/

13. Version History

Version number: 2.0

Change description: Document rewritten from scratch.

Date: 16.11.2020



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