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KATAPULT BOOKS TERMS OF USE

Last updated December 06, 2023

These General Terms and Conditions of Use (hereinafter, the "Terms and Conditions") regulate the access and use, by the User (as defined below), of the website www.katapultbooks.com (hereinafter, "the Website" or "Katapult Books"), as well as the contracting of products and services through it. The Website is owned by Katapult Books LLC, a United States LLC, hereinafter, the “Company”. Anyone who wishes to access and/or use the Website must comply with these Terms and Conditions, along with all other policies and principles that govern Katapult Books and that are incorporated herein by reference. Additionally, if applicable, they must comply with the Specific Conditions for Creators and/or the Specific Conditions for Contributors (available in terms and conditions). ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS AND THE PARTICULAR CONDITIONS THAT APPLY, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE WEBSITE AND/OR ANY OTHER SERVICE OF THE COMPANY. The User must read, understand, and accept all the conditions established in the Terms and Conditions and other documents incorporated herein by reference before registering as a User of Katapult Books. 1. Capacity By accepting these present Terms and Conditions, the User declares: That they have read and understood what is set forth in this instrument. That they are a person with sufficient capacity to contract according to the legislation of their country, in order to give full validity, effectiveness, and practical utility to each and every one of the stipulations of these present Terms and Conditions. That they assume all obligations established herein. The mere act of browsing and/or using the Website attributes to the person doing so the condition of User of the same (hereinafter, "the User"), implying the acceptance of these Terms and Conditions in all and each of its parts. Consequently, individuals who do not have the capacity to contract, minors, and/or those who have been suspended or disabled by Katapult Books LLC from using the Website, may not use the services of the Website. 2. Modifications The User must carefully and comprehensively read these Terms and Conditions each time they access the Website, as both may undergo modifications. The Company reserves the right to modify, at its sole discretion, the Terms and Conditions at any time, or suspend, change or terminate the Service, which will be published promptly on the Website. Any modification will be communicated with a notice period of 3 (three) days before it becomes effective. If the User does not agree with said modifications, they must communicate via email to the address katapult@katapultbooks.com if they do not accept them; in that case, the contractual link will be dissolved, and the User will be disabled. Once this period has expired, it will be considered that the User accepts the new Terms and Conditions, which will govern the contractual relationship from that moment forward. The Company reserves the right to make, at any time and without prior notice, any modification or update to its contents and services in general, as well as to all the elements that make up the design and configuration of the Website. 3. Conditions of Use 1. Access to the Website Access to the Website is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted (ISP) by the User, which will be at their sole expense. 2. Need for Registration In general, for access to the contents of the Website, User registration will not be necessary. However, the use of certain services will be conditioned upon prior registration. 4. Registered User Those who aim to become a Registered User must ensure that the information provided to Katapult Books for registration on the Website is accurate, precise, and true (hereinafter referred to as "Personal Data"); likewise, they undertake to update the Personal Data whenever modifications occur. Katapult Books LLC may use various means to identify Registered Users, but Katapult Books LLC do not hold responsibility for the accuracy of the Personal Data provided by its Registered Users. Registered Users guarantee and are accountable, in any case, for the truthfulness, accuracy, currency, and authenticity of the Personal Data provided to Katapult Books LLC. The Registered User can register as a Creator User (hereinafter the "Creator User"), who is one that registers with the purpose of uploading, creating, incorporating, and/or submitting a project (hereinafter a "Project"), using the procedures, mechanisms, and fully respecting the Specific Terms and Conditions for Creator Users (hereinafter the "Specific Terms and Conditions for Creator Users," available in terms and conditions), which are applicable based on the contractual relationship that each Creator User establishes with the Katapult Books LLC that corresponds by jurisdiction, and which will be published on the website administered by the corresponding Katapult Books LLC. Furthermore, the Registered User can register as a Collaborator User (hereinafter the "Collaborator User"), who is one that registers to be enabled and have the possibility to make contributions (hereinafter "Contributions") to Projects published by Creator Users and eventually receive rewards (hereinafter "Rewards"), for which they must accept the Specific Terms and Conditions for Collaborator Users (hereinafter the "Specific Terms and Conditions for Collaborator Users" available in terms and conditions). The Terms and Conditions will apply to both Users and Registered Users; however, the relationship with the latter will be governed in a particular way by the Specific Terms and Conditions applicable to them. 3. Obligation to keep Personal Data updated. The Personal Data entered by every Registered User on the Website must be accurate, current, and truthful at all times. Katapult Books reserve the right to request some proof and/or additional data in order to corroborate the Personal Data and to temporarily and/or definitively suspend those Registered Users whose data could not be confirmed. The deactivation or disqualification of a Registered User will result in the removal of all projects they have published, without this entitling them to any compensation or indemnification. 4. Access to the personal account and obligation of confidentiality of the password. To become a Registered User, the User will have access to a personal account ("Account") by entering a personal email account, their name and surname, and a chosen personal password ("password"). This password is personal and non-transferable. The Registered User undertakes to maintain their password strictly confidential. The Registered User will be responsible, in any case, for any damage, harm, injury, or detriment resulting from the breach of this confidentiality obligation for any reason. The Account is personal, unique, and non-transferable, and it is prohibited for the same Registered User to register or own more than one Account. In the event that Katapult Books detect different Accounts containing matching or related data, they may cancel, suspend, or disable them, at their sole discretion, which shall be sufficient reason to deactivate the Registered User, even on their first Account. The Registered User will be responsible for all operations carried out from their Account, as access to it is restricted to the entry and use of their password, which is exclusively known by the User, and its confidentiality is their sole responsibility. The Registered User agrees to immediately and through suitable, verifiable, efficient, and effective means, notify Katapult Books, as applicable, of any unauthorized use of their Account or any unauthorized access to it by third parties. The sale, assignment, transfer, or transmission of the Account under any title, whether for consideration or free of charge, is prohibited. Katapult Books reserve the right to reject any registration request or cancel a previously accepted registration when, at their sole discretion, it is deemed that the entirety of the guidelines established in the Terms and Conditions or the Specific Terms and Conditions for Creator Users and/or Collaborator Users has not been complied with, without being obligated to communicate or present the reasons for their decision, and without this entitling the affected Registered User to any compensation or indemnification. 5. General rules for using the Website. The services offered on the Website are exclusively directed at adults. The User and/or the Registered User declare, guarantee, and state that they are of legal age to formalize a binding, fully valid, and effective contract, and that all the registration information provided is accurate, truthful, and up-to-date. Katapult Books reserve the right to terminate the Account of those Registered Users whose legal majority is questionable. The User and/or the Registered User undertakes to use the Website and all its content and services in accordance with the law, morals, public order, these Terms and Conditions, and the Specific Terms and Conditions that may be applicable in each case. Likewise, they agree to make proper use of the services and/or content of the Website and not to use them for illicit activities or activities constituting a crime, which violate the rights of third parties and/or infringe upon regulations on intellectual and industrial property or any other rules of the legal system that may be applicable, particularly the principle of good faith that requires acting loyally, correctly, and honestly in all preliminary negotiations, execution, and performance of any contract. As a result of the above, the User undertakes not to disseminate, transmit, introduce, or make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morals, public order, these Terms and Conditions, and the Specific Terms and Conditions that may be applicable. By way of example and in no case limiting, exhaustive, or exclusive, the User and/or the Registered User undertakes to: (a) Not introduce or disseminate content or propaganda of a racist, xenophobic, or discriminatory nature, pornographic content, terrorist propaganda, or content that infringes or could infringe upon human rights. (b) Not introduce or disseminate data programs (viruses and/or harmful software) over the network that could cause damage to the computer systems of Katapult Books, its providers, third parties, or, in general, any Internet network user. (c) Not disseminate, transmit, or make available to third parties any information, element, or content that infringes upon constitutionally recognized fundamental rights and public freedoms and international treaties. (d) Not disseminate, transmit, or make available to third parties any type of information, element, or content that could constitute illicit or unfair advertising. (e) Not transmit unsolicited or unauthorized advertising, advertising material, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as commercial spaces) that have been expressly designated for that purpose by due and timely communication from Katapult Books, communicated properly on the Website. (f) Not introduce or disseminate any false, ambiguous, or inaccurate information and content in a manner that misleads the recipients of the information. (g) Not disseminate, transmit, or make available to third parties any information, element, or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks, or copyrights belonging to the Company or third parties. (h) Not disseminate, transmit, or make available to third parties any information, element, or content that constitutes a violation of communication secrecy and personal data legislation, and, in general, any legal regulations that govern the protection and promotion of respect for the private life and privacy of individuals and their families. The User and/or the Registered User undertakes to hold Katapult Books harmless against any possible claims, fines, penalties, sanctions, or compensation that it may be required to bear as a result of the User's non-compliance with any of the aforementioned usage rules, also reserving the right for the Company to seek compensation for damages. Likewise, Katapult Books reserve the right to cancel the Account of those Registered Users who make inappropriate use of the Website or do not comply with the observations and prohibitions provided by these Terms and Conditions and the Specific Terms and Conditions that may be applicable in each case. 6. Responsibility of Katapult Books. Given that Katapult Books only provides Users with a virtual space that allows Creator Users to make their Projects available to Collaborator Users through the internet: (a) Katapult Books do not assume any responsibility for updating the Website, especially regarding content or information, nor do they guarantee that the published information contained on the Website is accurate or complete. Therefore, each User will be responsible for ensuring that the information published on the Website is accurate and complete before making any decisions related to any service or content described therein. (b) The User's access to the Website does not imply for Katapult Books the obligation to inform, monitor, or take any action regarding the absence or presence of viruses, worms, or any other harmful computer element. Users may not hold Katapult Books liable or demand compensation under any circumstances for damages resulting from technical difficulties or failures in systems or the internet. (c) Katapult Books do not guarantee continuous and uninterrupted access and use of the Website. The Website may occasionally be unavailable due to technical difficulties or internet failures or due to any other circumstances beyond the control of Katapult Books; in such cases, efforts will be made to restore it as quickly as possible without incurring any type of responsibility. Katapult Books will not be responsible for any errors or omissions contained on the Website. (d) It is the User's responsibility, in any case, to have adequate tools for detecting and disinfecting harmful computer programs. (e) Katapult Books are not responsible for damages of any kind suffered by the User due to failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Website service during its provision or beforehand. (f) Katapult Books are not responsible for the actions of Creator Users who upload their Projects to the Website. Katapult Books LLC do not own the published Projects, nor do they offer them for sale. Katapult Books do not intervene in the delivery of Rewards by the Creator Users or in the characteristics stipulated by them for the same, therefore, they will not be responsible for the existence, quality, quantity, availability, condition, integrity, legitimacy, or delivery conditions of the Rewards offered, as well as the contracting capacity of the Creator Users or the accuracy of the Personal Data entered by them. The Creator User acknowledges and accepts being solely responsible for the Projects they publish and that there are no restrictions and/or that they have the necessary authorizations for their publication. Likewise, Katapult Books do not intervene in the delivery of Contributions by the Collaborator Users, so they will not be responsible for the existence, origin, quantity, condition, integrity, or legitimacy of the Contributions, as well as the contracting capacity of the Collaborator Users or the accuracy of the Personal Data entered by them, unless agreed in a separate agreement between Katapult Books and the Creator User. Because Katapult Books do not have any participation during the entire time the Project is published, promoted, or advertised to raise funds, they will not be responsible for the effective fulfillment of the Rewards offered by the Creator Users, unless agreed in a separate agreement between Katapult Books and the Creator User. The User acknowledges and accepts that when conducting transactions with other Users or third parties, they do so at their own risk. In no event shall the Company be liable for loss of profits or for any other damages suffered by the User due to Projects published through Katapult Books. Since the Website is a means for meeting between Creator Users and Collaborator Users, and given that neither the Company nor the corresponding Katapult Books LLC participate in the services provided between them, the Creator User will be responsible for all tax obligations and tax burdens corresponding to their Project and the Rewards offered, without Katapult Books being held responsible for any breaches in this regard. Katapult Books reserve the right to cancel the Projects promoted through the Website without prior notice and for any reason when, at their sole discretion, they consider that there has not been compliance with all the guidelines established in the Terms and Conditions or in the Specific Terms and Conditions for Creator Users and/or Registered Users, without being obliged to communicate or expose the reasons for their decision and without generating any right to compensation or indemnification in favor of the Creator User. 7. Contents and services linked through the Website. The service providing access to the Website may include technical link devices, directories, and even search instruments that enable the User to access other web pages and portals on the Internet (hereinafter referred to as "Linked Sites"). In these cases, Katapult Books shall only be responsible for the contents and services provided on the Linked Sites to the extent that they have effective knowledge of their unlawfulness and have not diligently disabled the link. In the event that the User considers there is a Linked Site with illicit or inadequate content, they may communicate this to Katapult Books, although under no circumstances shall this communication oblige Katapult Books to remove the corresponding link. Under no circumstances shall the existence of Linked Sites presuppose the formalization of agreements or associations with their owners or responsible parties, nor the recommendation, promotion, or identification of Katapult Books with the statements, content, or services provided by such sites. Katapult Books are not aware of the contents and services of the Linked Sites and, therefore, shall not be responsible for damages caused by unlawfulness, quality, obsolescence, unavailability, errors, or uselessness of the contents and/or services of the Linked Sites or for any damage not directly attributable to Katapult Books. 8. Intellectual and industrial property. All the contents of the Website, understood to include, in a merely illustrative and non-exhaustive way, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound contents, as well as their graphic design and source codes, are the intellectual property of the Company or third parties, without any of the exploitation rights recognized by current intellectual property regulations being understood to be assigned to the User. Likewise, trademarks, trade names, or distinctive signs are the property of the Company or third parties, and access to the Website shall not imply any rights over them for the User. The Creator User declares and guarantees that the projects they publish on Katapult Books will be solely original works created by themselves and in no way will they be copies or reproductions that violate the intellectual property rights of third parties. Katapult Books may cancel the accounts of those Registered Users who infringe upon any third-party intellectual property rights. Katapult Books shall remove materials constituting infringement in accordance with current intellectual and industrial property regulations if they become aware of such circumstances. Katapult Books shall not have any ownership rights over the content of the projects published by Creator Users on the Website. However, the Creator User grants the Company and the corresponding Katapult Books LLC a free and non-exclusive license, worldwide and for the maximum legal protection period, under which they may: publicly communicate, reproduce, distribute, and transform the project's content to perform the service. Any intrusion, attempt, or activity violating or contrary to laws on intellectual property shall be prohibited and shall result in the application of the aforementioned measures.Right to intellectual property and/or the prohibitions stipulated in this contract will make the responsible party liable for the relevant legal actions and the sanctions established in this agreement, as well as hold them responsible for compensating for any damages caused. 9. Sanctions. Without prejudice to other measures, Katapult Books may warn, temporarily suspend, or definitively disable the account of a Registered User, initiate the actions they deem pertinent, and/or suspend the provision of their services if: (a) any law is broken or any of the provisions of the Terms and Conditions, other Katapult Books policies, and/or the Specific Terms and Conditions for Creator Users and/or Collaborator Users are violated; (b) there is a breach of their obligations as a Registered User; (c) the identity of the Registered User cannot be verified, or any information provided by them is found to be incorrect; or, (d) they engage, in the judgment of Katapult Books, in fraudulent or deceitful behavior or acts. In the event of suspension or disabling of a Creator User, all their Projects will be removed from the Website. 10. Indemnity. The User will indemnify and hold harmless Katapult Books, its affiliates, controlled and/or controlling companies, directors, administrators, representatives, and employees, against any claim or demand from other Users or third parties for their activities on the Website or for the breach of the Terms and Conditions, other policies deemed incorporated into this document, and/or the Specific Terms and Conditions for Creator Users and/or Collaborator Users, including reasonable attorney fees. 11. Nullity and Ineffectiveness of Clauses. If any clause included in the Terms and Conditions is declared wholly or partially null or ineffective in any jurisdiction in which the Company operates, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, with the Terms and Conditions remaining in force in all other aspects, considering said provision wholly or partially not included or applicable in that jurisdiction. 12. Privacy of Information. To use the Services offered by Katapult Books, Users who wish to become Registered Users agree to provide certain personal data by giving their consent for the use of the website. Their personal information is processed and stored on servers or magnetic media that maintain high standards of physical and technological security. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Privacy Policies. 13. Scope of Katapult Books Services. This agreement does not create any partnership, mandate, franchise, or employment relationship between the User and the corresponding Katapult Books. The User acknowledges and agrees that the corresponding Katapult Books are not parties to any operation, nor do they have any control over the quality, safety, or legality of the published projects and the veracity or accuracy of their characteristics. Katapult Books cannot ensure that a Creator User will complete the published project and deliver the promised rewards, nor can they verify the identity or Personal Data entered by Registered Users. Katapult Books do not guarantee the truthfulness of third-party advertising that appears on the site and will not be responsible for correspondence and/or contracts that the User enters into with such third parties or other Users. 14. Frequently Asked Questions. The responses to frequently asked questions related to the participation of Creator Users and/or Collaborator Users constitute a generic description that serves only general information purposes. The answers to frequently asked questions do not refer to all possible legal, tax, or exchange consequences related to the participation of Creator Users and/or Collaborator Users in a Project. The answers to frequently asked questions do not imply, under any circumstances, legal or tax advice from Katapult Books. These Terms and Conditions as well as the Specific Terms and Conditions applicable, where relevant, will always prevail over the content of the information relating to Frequently Asked Questions. 15. Applicable Law and Jurisdiction. These Terms and Conditions will be governed or interpreted in accordance with the legislation of each of the jurisdictions in which Katapult Books operates. the corresponding Katapult Books LLC, and the User, may submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the Courts, Tribunals, or any other public, state, or federal authority of the domicile of the corresponding Katapult Books LLC, unless legally established otherwise. Katapult Books LLC 2024. The address of its registered office in the State of Delaware is 8 The Green, Suite A in the City of Dover. Zip code 19901.