Terms and conditions for new authors

Terms and conditions for new authors

1.Terms and Conditions of Business

These are our standard terms and conditions. Orders placed are subject to these terms and may not be varied without our written approval. This is accepted as a legally binding agreement between Lebrary.com and the author and/or owner of the written material submitted to us for entry in our web-site.

Definitions

The Author [I] means the author and/or the owner and/or the agents of the written material submitted. Lebrary.com [we/our] means the publishers and owners of this site and its owners in law, currently this means the owners are the company Lebrary.com Limited. Registered Office: Lebrary.com Limited, 161 Lancaster Road, Enfield, Middlesex EN2 0JN England.

2. Term of Agreement

This agreement shall come into force on the date of acceptance by Lebrary.com and will be for the minimum period which has been chosen and paid for [where necessary] by the author of the written material submitted. This is usually 24 calendar months.

Termination

Lebrary.com shall have the right to terminate this agreement with immediate effect in the event of any of the following situations.

If payment for our services shall be returned unpaid

A complaint is made about the quality of content of the written material that is submitted, which Lebrary.com agrees is or may be justified. A complaint is made about the ownership and rights to publish the written material that is submitted which Lebrary.com agrees is justified. Lebrary.com will have the final decision regarding this.

Responsibilities of the supplier [Lebrary.com]

Lebrary.com will provide internet publication of books, stories, advertisements and other articles in accordance with its own abilities and endeavours subject to the provision of services by its own suppliers. We are not liable to the author for intermittent non availability of the web site.

Damages Limitation

The amount of any damages recoverable by the author from Lebrary.com for breach of contract or negligence shall be limited to the invoice price paid by the author.

Limitation of Liability

In no event shall the company, its affiliates and sub-licensees, and their officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website content or manuscript, (iii) any unauthorized access to or use of the company's secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party. All products are supplied free of any and all viruses, and the Company is not responsible for any product that becomes infected by a virus during or after the download by the purchaser, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that the company, its affiliates and sub-licensees shall not be liable for the manuscript or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by the Company from its facilities in the United Kingdom. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Responsibilities of the Author

The Author is responsible for the written works submitted being the property of the author and indemnifies Lebrary.com its owners and its agents against any claims made against them from our publication of the material. all readers shall be solely responsible for the accuracy of their content including spelling, grammar and format.
-all Authors are responsible for ensuring that all content and uploads are virus free.
-all Authors are responsible to adhere to the terms and conditions of this Company; failure to do so could have the reader's rights revoked from this site permanently.
-all Authors will ensure that any material does not breach any legal violations

-all Authors will ensure that no pornographic material is included.

-all Authors accept that any legal action which is taken by any party regarding the content of material uploaded by an author will be that authors responsibility.

Indemnities

I/we the author[s] and/or owner[s] of the written material submitted hereby indemnify Lebrary.com against any criminal or civil action arising from the content of the submitted work.

Assurances & Guarantees from the author

I assert and guarantee to Lebrary.com and readers of the material submitted that the work submitted is my own work, except where specifically stated otherwise, that I am the sole owner to the rights to this work, and that I do not break the law by slandering, libelling or defaming any living person, or by infringing racial abuse or other laws.

Rights to Publish

I the author and/or owner of the written material submitted hereby grant Lebrary.com permission to reproduce and distribute, in whole or in part, in electronic media including the internet and as CD-ROM, [the material submitted at today's date], for the duration of the copyright in the book, in all languages, throughout the world from today's date. Or until cancelled by the author under our cancellation terms.

7. Manuscripts

The Website permits you and other users to submit Manuscripts and provides for the hosting and/or publishing of such Manuscripts. By submitting a Manuscript, you hereby grant the Company and its affiliates and sub-licensees a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable right to (and the right to grant others the right to) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, publicly and digitally perform the Manuscript in any media formats and through any media channels. For clarity, you retain all of your ownership rights in your Manuscript. You grant Company and its affiliates and sub-licensees the right to use your name and the Manuscript title in connection with the advertisement, promotion, distribution and sale of the Manuscript and in connection with the advertisement and promotion of Company and its affiliates and sub-licensees and the Website.

You shall be solely responsible for any Manuscript you submit and the consequences of its posting or publishing. In connection with any Manuscript you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any Manuscripts you submit to enable inclusion and use of the Manuscripts in the manner contemplated by the Website and these Terms of Service; and (ii) the Manuscript will not constitute unfair competition, defamation, libel, or breach of contract.

In connection with any Manuscript you submit, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including publishing rights, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. The Company does not endorse any Manuscript or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Manuscripts submitted. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all Content and Manuscripts if properly notified that such Content or Manuscript infringes on another's intellectual property rights. The Company reserves the right to remove Content and Manuscript without prior notice. The Company will also terminate a user's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Manuscript or Content removed from the Website more than twice. The Company also reserves the right to decide whether Content or a Manuscript is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such Manuscript or Content and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any Manuscript or other Content infringes upon your copyrights, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

You understand that when using the Website, you will be exposed to Manuscripts from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Manuscripts. You further understand and acknowledge that you may be exposed to Manuscripts that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Warranty Disclaimer

You agree that your use of the website shall be at your sole risk. to the fullest extent permitted by law, the company, its affiliates and sub-licensees, and their officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. the company makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, the content and the manuscript, (iii) any unauthorized access to or use of the company's secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. the company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and the company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Lebrary.com is not responsible for any content that can be interpreted by a reader as reason or suggestion to commit any criminal offence or illegal action.

Notice And Procedure For Making Claims Of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent the written information specified below. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A specific description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: admin@lebrary.com Attn: Copyright Manager

8.Payments from the Author to lebrary.com

Payment for listing [where due] is due in full from the Author and/or owner of the written material before publication will be made.

9.Cancellation

Should the author wish to withdraw their work from the site, 1 month's notice in writing must be given to Lebrary.com. This is no way relinquishes the right of Lebrary.com to withdraw at anytime and without notice any written work submitted by an author. Authors who have opted for the 12 month V.I.P package and wishing to cancel any of their manuscripts or indeed membership may do assuming that lebrary.com have been given one month's notice, although NO REBATE will be given on the annual membership.

10.Payments from Lebrary.com to the Author [Commissions]

For authors who are on the basic free package, sales revenue of their respective book will be shared on the basis of 30% to the author and 70% to lebrary.com. For authors on the V.I.P package sales revenue will be shared on the basis of 50% to the author and 50% to lebrary.com. The following will be applicable to all:

Payments will be made retrospectively, every three months subject to sales achieving a minimum payment due to the author of United States Dollars [USD 100.00] Any amounts less than the amount shown in this paragraph will carry forwards until the next 3 monthly period and subject to sufficient purchases of the publication being made then a remittance will be forwarded. Each party is to pay their own bank and or credit card charges. The minimum level stated will be paid by Lebrary.com. As international currency fluctuations may cause the amount received to be more or less than the amount sent the author accepts that the amount received may vary because of this. Due to financial transactions being made through 'PayPal' it is essential that all authors have a live PayPal account and this account is made known to Lebrary.com if required.

Should an author transfer up-grade their status membership to a VIP form a basic package, appropriate %royalties will only be applicable from the date of the up-grade and will not be retrospective for any manuscripts up loaded before the date of the up grade.

11. Discounts & Special Offers

From time to time and entirely at the discretion of lebrary.com prices for books/publications may vary upwards or downwards and discounts may be offered on the price of the material for sale. The author / owner of the material submitted accepts and agrees that this may happen and accepts that this may lead to a different amount of commission than that shown in our examples commission per sale but that the share will remain on a 50%/50% for V.I.P members and 30% for the author and 70% for lebrary.com for authors on a Basic Package

12.Ownership

As previously stated, the author shall retain full copyright and control of the material submitted, and can ask for it to be removed it at any time (bearing in mind the cancellation dates required)This will not change any of the author's obligations under this agreement.

13. General

All prices quoted are exclusive of applicable taxes. b) The customer's rights are regulated by current UK law. The senior management of Lebrary.com reserves the right to refuse to accept an order from a Customer without giving a reason to the Customer. The Author may not assign this agreement without first getting the written consent of Lebray.com. Lebrary.com may sell or assign this agreement at its own discretion. In the event of a sale of the business the rights of lebrary.com are protected

14. Governing

This Agreement is governed by UK Law and comes under the jurisdiction of the UK courts and legal system. However, in the event a clause is declared invalid or unenforceable that will not invalidate the agreement save that an amendment will be made to make the clause legal and valid. It is agreed that if there is any legal dispute this is to be made in the United Kingdom only.

Registered Office Address:

Lebrary.com Limited, 161 Lancaster Road, Enfield, Middlesex EN2 0JN, United Kingdom

Email admin@lebrary.com