CONTRACT SIGNATURE

Please read the below
– ABooks Digital Publishing Contract
– ABooks Community Terms and Conditions

And hit “Sign and Submit” at the bottom of the page to proceed 

ABooks DIGITAL PUBLISHING CONTRACT

1. The Purpose of the Agreement.
The Author wishes the Publisher to publish the Author’s titled work (hereinafter called the “Work”), and the Publisher agrees to publish the Work and make the work available for purchase by customers via its Website (hereafter called the “Website”, “Site”, “Platform”). In full consideration, this Agreement shall apply as follows;

2. License to Publish.
The Author grants the Publisher a non-exclusive license to;
Format and convert the document to the relevant digital, electronic formats, including audio and Video;
Publish and store document in its database;
Distribute and sell the Work/s in all digital and electronic download form worldwide.

3. Territory.
The rights granted to the Publisher in this Agreement shall be in all countries throughout the world.

4. Publishing License Term.
The license for the Work shall extend for five (5) years after the first release date of the work/s. The license will automatically be renewed for five (5) consecutive years. No automatic renewal shall take place providing that the Parties give at least thirty (30) days advance written notice transmitted via electronic mail to the other prior to the end of the current term.

5. Author Warranties and Indemnification.
The Author represents and warrants the following to Publisher:
5.1 The Author is the sole owner of the Work (this includes manuscript, pictures, images, drawings and any other materials submitted to Publisher) and has the full power, authority and right to enter into this Publishing Agreement;
5.2 This Agreement does not conflict with any other contracts, understandings, or existing publishing arrangements between the Author and any other person or entity;
5.3 The Work is not in the public domain and is an entirely original work, except for portions thereof for which legally effective written licenses or permissions have been secured;
5.4 The Work as submitted, and its publication by Publisher, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons and entities;
5.5 The Work and all the rights in Work are free of liens, claims, interests or rights in others of any kind;
5.6 Publisher shall not have any legal responsibility for Author’s Work;
5.7 The Work is not defamatory or obscene, considered discriminatory, sexist, racist, homophobic, blasphemous, likely to outrage public morals, plagiaristic, or in any other way illegal; and that any and all recipes, formulae, instructions, or recommendations contained in the Work are not and will not be injurious to any reader, user, or third person;
5.8 All information submitted to Publisher is entirely accurate to the best knowledge of the Author.

6. Publishing fees.
The Publisher shall not charge the author any production or publishing fee. Subscriptions, advertisements, promotional positioning, ‘Advertorials’, editorial promotions and any other promotional materials and or services, will be subject to charges agreed with the Author in advance of those services being provided.

7. Royalty Payments.
7.1 On all sales of the Work, Publisher shall pay the Author 75% of Net Receipts. Net Receipts are determined as the payments that Publisher actually receives from sales of the Work, less any distribution charges, returns, taxes, credit card facilitation charges and handling charges.
7.2 The Publisher, via its website, shall render to the Author a statement of Net Copies Sold and Net Revenues from the sale of Publisher’s Editions and other exploitation and disposition of rights to the Work, and other credits and debits relating to the Work and the rights granted in this Agreement.
7.3 The Publisher shall pay the Author all royalties earned, on a quarterly basis, within thirty (30) days of the end of each year’s calendar quarter in which the Author earned a royalty on the sale/s.
7.4 The Publisher shall have the right to debit the account of the Author for any overpayment of royalties, and any and all costs, charges, or expenses which the Author is required to pay or reimburse the Publisher under this Agreement, and any amounts owing the Publisher under any other agreement between the Publisher and the Author.

8. Submission Guidelines and Compliance.
8.1 The Author shall follow all submissions procedures as reflected and appearing on the Publisher’s website. The Author agrees to deliver the manuscript of the Work in its entirety (“Manuscript”) to the Publisher in the form of a digital ebook saved in the EPUB format (a widely available XML-based format for digital books and publications) via the online submission form on the Publisher’s website.
8.2 The Author shall deliver to the Publisher, at Author’s sole expense, each of the following:
• Any required original artwork, ready-made cover for the work/s, illustrations, maps, charts, photographs, or other artwork (collectively “Artwork”), in a form suitable for reproduction;
• A table of contents, list of tables, figures, or exhibits;
• A foreword; preface; acknowledgements, introduction; Author’s biographical statement or similar matter (‘Frontmatter” and “Backmatter”).
8.3 The Author agrees to make and maintain suitable copies of the Manuscript, Artwork, Frontmatter, Backmatter, or any other documents or materials provided, as the Publisher shall have no liability of any kind for the loss or destruction of the work.
8.4 If the Author fails or refuses to deliver the Artwork, Frontmatter, Backmatter, Permissions, or other material required to be delivered by the Author under this agreement, the Publisher shall have the right, but not the obligation, to reject the Work.

9. Publication.
9.1 The Publisher intends to market, sell and distribute the Work within Seven (7) days upon the Author’s approval of the first proof copy for ebooks.
9.2 If the Publisher, in its sole discretion, deems the Manuscript, Artwork, Frontmatter and/or Backmatter, Permissions and/or any other materials delivered by the Author under this Agreement to be unacceptable in form or substance, the Publisher reserves the right not to accept a submission without any reason or explanation being required.
9.3 The Author shall decide on the Work’s retail price. The retail price should follow generally accepted publishing industry guidelines.
9.4 The Publisher will consult with the Author and seek the Author’s advice and ideas concerning the time, place, method, and manner of advertising, promotion, and other exploitation of the Work, including, but not limited to, bookstore and trade distribution, online marketing, special sales, media reviews, and publicity. However, the Publisher shall have the right to make final decisions in these matters.
9.5 The Publisher shall have the right to use, and to license others to use, the Author’s name, image, likeness, and biographical material for advertising, promotion, and other exploitation of the Work and the other rights granted under this Agreement

10. Multiple Author.
Whenever the term “Author” refers to more than one person, such persons will be jointly and severally liable and responsible for all duties, obligations, and covenants under this Agreement, and shall share equally in all royalties and other amounts to be paid under this Agreement, unless otherwise specified in a writing signed by all parties.

11. Binding on any and all Successor.
This Agreement shall at all times, be binding on any heirs, executors, administrators, successors, and assigns of the Author, and the successors, assigns, and licensees of the Publisher, but no assignment by the Author of any such rights shall be made without prior written consent of the Publisher.

12. Liability Waiver & Disclaimer.
12.1 The Author agrees to hold the Publisher harmless against any damages, including legal fees, finally sustained in any actions (lawsuits) involving the Publisher or its licensees by reason of a violation of any of the warranties in Clause/s 5.1 to 5.8 If any such legal action is instituted, the Publisher shall promptly notify the Author and may withhold payments due to the Author under this Agreement, until such action has been settled or withdrawn. If a final adverse judgment is rendered by a competent court or legal Authority and is not discharged in its entirety by the Author, the Publisher may apply the payments so withheld to the satisfaction of such judgment. The Author undertakes for herself, her successors and assigns, to execute at any time, on request of the Publisher, any document or documents to confirm or continue any of the rights defined herein, and to take all proceedings necessary to enforce any copyright in the United Kingdom and elsewhere.
12.2 If the Author unreasonably disapproves of any out-of-court settlement recommended by the Publisher and the claim or lawsuit proceeds to trial or hearing, the Author shall be liable for all the Publisher’s fees, costs, damages, and expenses connected with such claim defence or trial costs, regardless of the outcome or any judgement. The Publisher shall have the right to reasonably extend the benefit of the above indemnities to any person, firm, or corporation at any time, and the Author shall be liable as if the Author’s warranties were originally made to such person, firm, or corporation.
12.3 The provisions of this Section shall survive the termination of this Agreement. Similarly, should any particular clause of this Agreement be struck-out as being non-binding or unlawful by any competent court holding jurisdiction over the Agreement, then that clause shall be considered void from this Agreement, with the remainder remaining intact.

13. Termination of the Agreement.
The Author has the right to cease any renewal and the Publisher has the right to refuse any further renewal, subject to the notice of termination in Clause 4 being adhered to. The Publisher shall have the right to terminate this Agreement with immediate effect should the terms of this Agreement be breached by the Author, or the Author commits fraud or an act of Moral Turpitude or brings the relationship between the Author and the Publisher into public disrepute. In the event of termination, the Publisher shall have the right to immediately remove from sale any of the Author’s works from the website or any catalogue/ lists of available work.

14. Copyright Infringement.
14.1 If, at any time during the term of this Agreement, a claim shall arise for infringement or unfair competition as to any of the rights that are the subject of this Agreement, the parties may proceed jointly or separately to prosecute an action based on such claims. If the parties proceed jointly, the expenses (the legal fees) and recovery, if any, shall be shared equally by the parties. If the parties do not proceed jointly, either or both parties shall have the right to proceed separately, and if so, such party shall bear the costs of litigation and shall own and retain any and all recovery resulting from such litigation.
14.2 If the party proceeding separately does not hold a clear ownership or title of the copyright at issue, the other party hereby consents that the action be brought in his, her, or its name. In any event, the Publisher has no obligation to initiate litigation on such claims and shall not be liable for any failure to do so.

15. Legal Notice.
Any written notice or delivery under any of the provisions of this Agreement shall be deemed to have been properly made by electronic mail to the address provided during the registration process.

16. Force Majeure
The Publisher’s obligations under this Agreement shall be extended by a period equal to any period of force majeure (circumstance beyond the control of the Publisher) that prevents the Publisher from performing such obligations.

17. Disputes & Arbitration.
If any dispute shall arise between the Author and the Publisher regarding this Agreement, the Publisher and Author will first attempt to resolve such dispute through mediation, and, if that fails, such dispute shall be referred to binding private arbitration in England and Wales, and any arbitration award shall be fully enforceable as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the parties shall have the right to conduct reasonable discovery as permitted by the arbitrator(s) and the right to seek temporary, preliminary, and permanent injunctive relief in any court of competent jurisdiction during the pendency of the arbitration or to enforce the terms of an arbitration award.

18. Bankruptcy and Liquidation.
If (a) a petition in bankruptcy is filed by the Publisher, or (b) a petition in bankruptcy is filed against the Publisher and such petition is finally sustained, or (c) a petition for arrangement is filed by the Publisher or a petition for reorganization is filed by or against the Publisher, and an order is entered directly the liquidation of the Publisher as in bankruptcy, or (d) the Publisher makes an assignment for the benefit of creditors, or (e) the Publisher liquidates its business for any cause whatever, the Author may, subject to any orders or rulings from a Court of competent jurisdiction, terminate this agreement by written notice and thereupon all rights granted by him hereunder shall revert to him.

19. Applicable Law & Jurisdiction.
Regardless of the place of its physical execution, this Agreement shall be interpreted, construed, and governed in all respects by the laws of England and Wales. The Parties hereby agree to the exclusive jurisdiction in case of any dispute to the English Courts.

20. Affirmation & Contracting of the Parties.
The Parties to this Agreement declare that they have taken or had the opportunity, to take independent legal advice prior to the signing of this Agreement.
The Parties hereby agree to be bound by the terms of this Agreement by attaching their respective signatures and seals.

TERMS AND CONDITIONS

Parties

“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to ABooks Community and https://abooks.co.

Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “ABooks Content” or “ABooks Community Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than ABooks Community or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and ABooks Content.

1 – Terms

By accessing https://abooks.co, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable UK copyright and trademark laws.

2 – Disclaimer

The materials on https://abooks.co are provided “as shown”. ABooks Community makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ABooks Community does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.

3 – Limitations

In no event shall ABooks Community or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our internet site or offered services, even if we or an authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4 – Revisions and Errors

The materials appearing on our website could include technical, typographical, or photographic errors. ABooks Community does not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on its website at any time without notice.

5 – Use License

Permission is granted to temporarily download one copy of the materials on ABooks Community’s web site for ABooks Community, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on ABooks Community’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ABooks Community at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6 – Site Terms of Use Modifications

We may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

7 – Governing Law

Any claim relating to https://abooks.co shall be governed by the laws of the country of note without regard to its conflict of law provisions.

8 – English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

9 – Copyright policy, notice and claim information

All materials on this site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by ABooks Community and its third-party information providers, and are protected by UK and international intellectual property laws.

10 – Terms of Sale

10.1 Membership Plans

As part of our Service, we may offer membership plans and may change them and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.

In the event you cancel your membership, please note that we may still send you promotional communications about ABooks Community, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

10.2 Purchased Content

Once we have made purchased content available to you for download, we encourage you to download the content promptly after purchase. As a convenience to you we may continue to make your purchased content available for re-download through your Service account, but we do not guarantee that such content will be available for re-download and ABooks Community will not be liable to you if it becomes unavailable for further re-download.

10.3 Content Availability

We may add or remove purchasable, promotional and membership content (collectively, “Content”) from our catalogue, membership plans and our Service at any time and make no guarantee as to the availability of specific Content in any membership plan or as to any minimum amount of Content in any membership plan. Some of our Content may be offered in limited territories, and we may use geo-filtering technology to restrict access outside of those territories.

10.4 Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your ABooks Community account, you can do so at any time by logging into your account and editing your payment information.

10.5 Pricing and Availability

All prices are shown in local currency by default but you may choose to display all prices in a different currency. Applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality Products, we may be required to make substitutions from time to time.

10.6 Taxes

If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

10.7 No Resale

You are not permitted to resell or otherwise use the Products for commercial purposes.

10.8 Returns and Refunds

If you are dissatisfied with a Product or ingredient for any reason, please contact us within seven (7) days of the date you purchased the Product and we will either:

  • replace the Product at our expense;
  • or, depending on the circumstances and in our discretion, provide you a full or partial refund as a voucher;

We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit, or refund.


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