Page 23 of Cruel As A Tree (Chaos God Sugar and Spice Companion Shorts #4)
(b) The Owner/Operator shall also supply comprehensive technical documentation—including tamper-proof system logs, deletion records, timestamps, and metadata (recorded in a tamper-proof format such as via blockchain or an equivalent technology)—demonstrating complete removal of the Book’s content.
Such documentation shall be maintained for a minimum of 12 months and be available for subsequent audit by the Author or its authorized representative.
Any failure to purge the data or provide the required proof within the specified timeframe shall be deemed a material breach of these Terms, triggering immediate enforcement actions, including the imposition of predetermined liquidated damages and/or an escalation in the PSC rate.
In the event that the Owner/Operator is unable to comply due to bona fide force majeure circumstances, such delay must be promptly communicated and evidenced, though this shall not constitute a waiver or excuse of the underlying obligations.
All obligations to purge and provide proof of cessation shall survive the termination of these Terms and remain fully enforceable.
4.3 Inadvertent or Unknowing Use.
The obligations set forth in Sections 4.
1 and 4.2 shall apply regardless of the Owner/Operator’s knowledge, intent, or awareness of incorporating the Book’s content.
Whether the Book’s content is knowingly or inadvertently processed or uploaded, such action shall be deemed acceptance of these Terms, and the Owner/Operator shall remain fully responsible for complying with all cessation, purge, and PSC obligations.
Lack of awareness or inadvertence shall not serve as a defense against any enforcement action or reduce the obligation to remit the full PSC into UBI funds.
5. Enforcement & Remedies
5.1 Legal and Equitable Remedies.
(a) The Author and any authorized representative of a Local UBI Fund shall have the right to pursue any and all legal and equitable remedies available under applicable law for any breach of these Terms. Such remedies include, without limitation:
· Injunctive Relief: The right to seek immediate injunctive relief to prevent or curtail any unauthorized use of the Book’s content.
· Damages: The recovery of statutory, actual, or liquidated damages—including any predetermined liquidated damages for failure to purge data or remit PSC funds—that may be appropriate in the circumstances.
· Disgorgement: The disgorgement of any profits derived from the unauthorized use of the Book’s content.
· Costs and Expenses: The recovery of all reasonable costs, including attorney’s fees, independent auditor fees, and other enforcement-related expenses incurred by the Author or the Local UBI Fund in connection with enforcing these Terms.
(b) All remedies provided herein are cumulative and are in addition to any other rights or remedies available under applicable law or in equity. A failure or delay in exercising any right shall not constitute a waiver of that right.
(c) Non-compliance with any cessation or remittance obligations under these Terms shall trigger immediate enforcement action and may result in additional penalties, such as increased PSC rates or the accrual of interest on any outstanding amounts.
5.2 Indemnification.
The Owner/Operator shall indemnify, defend, and hold harmless the Author and any affiliated parties—including authorized representatives of Local UBI Funds—from and against any claims, damages, liabilities, or expenses (including reasonable attorney’s fees, third-party audit costs, and enforcement expenses) arising out of or related to any unauthorized use of the Book’s content or failure to comply with these Terms. This indemnification obligation shall survive the termination of these Terms.
5.3 Waiver of Claims Against the Author.
The Owner/Operator expressly waives any right to initiate any legal action, counterclaims, or other proceedings against the Author arising from the enforcement or interpretation of these Terms, including but not limited to claims alleging overreach in the application of these Terms. In the event that the Owner/Operator initiates such legal proceedings, such action shall be deemed a material breach of these Terms, and the Owner/Operator shall be liable for all costs, including attorney’s fees and other expenses, incurred by the Author in defending against such claims. This waiver is without prejudice to the Author’s right to pursue all available remedies under these Terms or applicable law.
6. Governing Law & Dispute Resolution
6.1 Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction designated by the Author in the front matter of the Book (the “Author’s Chosen Jurisdiction”).
In the absence of such designation, these Terms shall be governed by and construed in accordance with the laws of the State of New York, USA.
In either case, the applicable law shall be applied without regard to its conflict-of-law principles and in a manner consistent with the public benefit objectives herein.
6.2 Exclusive Forum for Disputes Between the Author and the Owner/Operator.
Any dispute arising directly between the Author and the Owner/Operator with respect to these Terms shall be exclusively resolved in the courts located in the Author’s Chosen Jurisdiction (if designated) or, if no jurisdiction is specified, in the state or federal courts located in New York, USA.
The Parties irrevocably consent to the personal jurisdiction of such courts, and any judgment rendered shall be enforceable internationally to the fullest extent permitted by law.
6.3 Alternative Dispute Resolution.
Prior to initiating litigation, the Parties agree to attempt mediation in good faith for any dispute.
If mediation fails to resolve the dispute within 30 days after a written notice of dispute is provided, the dispute shall be submitted to arbitration administered under rules as selected by the Author.
If no arbitration rules are specified by the Author, the Parties shall mutually agree on a recognized arbitration institution and its rules, and the arbitration shall be conducted in accordance with those rules.
The arbitration process shall be completed within 90 days from the commencement of arbitration proceedings.
Notwithstanding these procedures, any Third-Party Beneficiary may bring enforcement actions in their local jurisdiction.
6.4 Cross-Jurisdictional Severability.
A determination by a court in any one jurisdiction that any provision of these Terms is invalid or unenforceable shall not, by itself, affect the enforceability of that provision in any other jurisdiction.
Each jurisdiction shall interpret and enforce these Terms to the maximum extent permitted by its applicable law, thereby preserving the public benefit objectives herein.
6.5 International Enforcement.
Any judgment or award rendered pursuant to these Terms shall be enforceable in any jurisdiction having proper authority.
The Parties hereby consent to the recognition and enforcement of such judgments or awards in all relevant jurisdictions.
Disputes arising under these Terms, due to their significant public interest implications, may be given expedited consideration by any competent court or arbitrator.
7. Termination & Survival
7.1 Voluntary Termination by Owner/Operator.
The Owner/Operator may voluntarily terminate these Terms by ceasing all AI-related use of the Book’s content and purging all related data from their systems, as required by Section 4.
2. Termination shall be effective as of the date the Owner/Operator certifies, in writing and through an independent audit, that all such data has been purged.
Notwithstanding such termination, the Owner/Operator shall remain liable for all obligations incurred prior to termination and for any ongoing obligations that arise as a result of revenue generated from Derived Creative Works or subsequent systems incorporating the Book’s content.
7.2 Termination by the Author.
The Author or an authorized representative of a Local UBI Fund may terminate these Terms if the Owner/Operator materially breaches any provision herein and fails to cure such breach within thirty (30) days after receiving written notice.
Termination shall be effective immediately upon expiration of the cure period.
Notwithstanding termination, the Owner/Operator shall remain liable for all accrued and continuing obligations, including, but not limited to, the Public Service Contribution (PSC) on all Revenue generated by the AI system, regardless of whether such revenue is derived directly from the Book’s content or through Derived Creative Works or subsequent systems incorporating such content.
Any failure to purge data as required under Section 4.
2 shall be treated as a material breach, subject to liquidated damages and additional penalties.
7.3 Survival of Obligations.
All obligations that, by their nature, are intended to survive termination—including the obligations to pay the PSC, reporting, audit, and indemnification obligations—shall continue in full force and effect and bind the respective heirs, successors, estate, personal representatives, executors, administrators, or assigns of the Parties.
For the purposes of these Terms, “accrued and continuing obligations” include all liabilities incurred before termination as well as any obligations that, by their inherent nature, persist after termination.
8. Severability & No Waiver
8.1 Severability.