ePublishing Terms and Conditions
In order for you to use BookWhirl’s e-Publishing Revo, you must adhere and, most of all, agree to the ePublishing Terms and Conditions of Service as stated in this document. You may, of course, not use the Services if you (1) do not accept the Terms, (2) are not of legal age to form a legally binding contract with BOOKWHIRL.com or (3) are a person barred from receiving the Services under the laws of the country which you are a resident of or from which you use the Services.
By signing on to BOOKWHIRL.com and/or completing the registration process to receive its Services, you indicate your agreement to be governed by these Terms of Service.
As it sees fit, BOOKWHIRL.com reserves the right to change or supplement this document with additional terms concerning a particular, product, service, content and/or event. You comprehend and concur that such additional terms are assimilated by reference into this document.
THE AGREEMENT IS DATED as recorded on the email submission between the Author / Owner, as indicated in the online submission (hereinafter referred to as the Author), and, hereinafter referred to as the Publisher.
This Agreement is entered into in good faith. The email submission in the proper format along with valid registration information from the Author indicate acceptance to the terms described in this Agreement by all parties named in this Agreement.
Author agrees to grant the Publisher the exclusive license to electronically produce electronic versions (commonly known as “eBooks” or “Electronic Books”) of the works of fiction and/or non-fiction named in the email submission, hereinafter known as The Work, worldwide in the English language.
The Author retains the right to publish excerpt all or portions of the Work for promotional use on his personal Internet web site, with no restriction upon length of time the excerpt(s) may be posted.
The Author represents that The Work is his original work or that he is the copyright owner of The Work, and that he has the exclusive right to grant all rights here-in.
The Author agrees to secure permission for use of any copyrighted materials incorporated in Author’s original work, and which is included in the electronic Work covered by this Agreement.
Publisher agrees to secure permission for use of any copyrighted material that will be added to the electronic Work covered by this Agreement, and ensures that these added elements will not infringe on existing copyrights or the rights of others.
Publisher holds Author harmless from litigation resulting from breach of warranty or other fault of the Publisher.
Hard copy excerpts or anthologies from the Work will not be permitted without Author’s approval. This Agreement does not permit any hard copy rights, other than the right of each consumer to print a single paper copy for permitted personal use and not for resale. Making any other electronic or printed copies and distributing them to third parties free of charge or for profit will be considered infringement of copyright and will be prosecuted to the fullest extent of the law.
Publisher may not assign this electronic publication agreement to another publisher without the Author’s express written consent.
Author will be paid a royalty off the List Price according to the following terms:
1. For eBooks with a List Price at or between $2.99 and $9.99
o 70% of the List Price.
2. For eBooks with a List Price at or below $2.98 or at or greater than $10.00 (but not more than $199.99 and not less than $0.99)
o 45% of the List Price
The author will be responsible to set a price list for each eBook. However, the author should abide the following guidelines:
1. The price should not be greater than the e-Book's List Price at any other retailer, online stores, or sales channel.
2. The price should not be greater than the e-book's print version.
BookWhirl.com pays royalties quarterly. Payments will only be made in those quarters in which the amount due to you totals at least $50. Unpaid amounts due will accrue until the next quarter in which the amount due is at least $50. Payment will be in the form you select when you register for the Service, or as subsequently updated as permitted by the Service.
Author agrees that the Publisher is not responsible to perform certain minor script editing (abridgement of the text, sentence restructuring, correcting spelling and grammar errors, etc.) unless if the author availed of the Copyediting Service.
Author has the right to modify the final presentation following publication. Modification requests must be presented to the Publisher in the form of a letter or e-mail transmission.
Author may request a sales audit at any time. Should the sales audit prove the Publisher’s figures are accurate, Author will bear the cost of a reasonable auditing fee. Should the sales audit prove the Publisher’s figures are inaccurate, Publisher will bear the cost of a reasonable auditing fee and promptly pay the Author the correct amount of royalties due, per the auditor’s findings.
Royalty payments shall continue for the entire duration since the date of the copyright.
Upon the Author’s death, royalties shall be paid to the Author’s legal heir(s) and shall continue for the duration of the copyright, and not beyond.
Publisher has the license to publish and distribute the Work, as an electronic book only, for the full term of the Work’s copyright, provided that rights have not reverted to the author under the terms of this contract.
In the event of failure to comply with such notice all the Publisher’s rights in the said Work shall revert to the Author.
Contract shall be for the term of three years from date of contract. Contract may be renewed by mutual consent of author and publisher and terminated by either the author or the publisher with a 90-day written, certified mail notice. All rights will revert to author at the time of such termination.
If Publisher does not publish The Work named in this Agreement in eBook format within six months of this Agreement’s signing date, this Agreement is null and void.
Publisher will endeavor to produce these eBooks in a manner which reflects state-of-the-art industry standards, as these standards evolve.
Publisher makes no promises or guarantees regarding estimated sales figures.
Any changes in this Agreement must be in writing and signed by both parties.
If requested by the Publisher, the Author agrees to assist the Assignee in any proceeding necessary to protect and preserve the Intellectual Property. The Assignee also agrees to sign any applications or other documents the Assignee may reasonably request:
(a) to obtain or maintain patent, copyright, industrial design, trade-mark or other similar protection for the Intellectual Property, and (b) to confirm the Assignee’s ownership of the Intellectual Property. The Assignee will pay for all expenses associated with the Assignee’s assistance and the preparation and filing of documents.
This Assignment contains the whole agreement between the Assignor and the Assignee related to the Intellectual Property, and there are no warranties, representations, terms, conditions or collateral agreements – express, implied or statutory – other than as expressly set out in this Assignment.
This Assignment will be governed by the laws in effect in the state of Wisconsin.