TERMS OF SERVICE
Please read the following Terms of Service carefully. These Terms of Service, which may be amended from time to time, constitute a binding agreement between BOOKADYNOW.COM and its end users, including Customers, Authors, Publishers and Author’s Agents. For the purpose of simplicity, Authors, Publishers and Author’s Agents are referred to as “Publisher” within these Terms of Service.
Your use of the services provided by BOOKADYNOW.COM and its partners and/or affiliates indicate your agreement to abide by these Terms of Service. If you do not agree to abide by these Terms of Service, you may not use any of the BOOKADYNOW.COM services provided.
BOOKADYNOW.COM operates as a self-service book publishing and distribution interface. Publisher may sign up for a Free or Premium Account which enables them to publish and distribute e-books, print books and audiobooks through our service. BOOKADYNOW.COM and its Partners provide Publisher with a number of tools to assist them in these efforts. BOOKADYNOW.COM is not a publisher. BOOKADYNOW.COM is only a distribution service, and assumes no legal rights to any work of its clientele.
If you, as a Publisher, choose to publish any work and upload it to BOOKADYNOW.COM, you understand and warrant to us that you are the legal owner of the work and/or have the right to publish the work. You assume all liabilities associated with publishing the work, and you warrant to us that no part of the work infringes upon or violates the rights of any other person, party or entity. As the Publisher, you are the publisher of the work, and therefore you or your author are solely responsible for the content of the work, including the writing, any editing, format and cover design. You are solely responsible for uploading the work to BOOKADYNOW.COM, managing any metadata associated with the work, choosing the functions of BOOKADYNOW.COM in which you wish to participate and marketing your book to the public. Any tools or services provided by BOOKADYNOW.COM and/or its Partners and Associates are provided as part of this agreement only, and their use does not change the fact that you are the legal publisher of the work, using BOOKADYNOW.COM only as a publishing interface, retailer and distributor.
The following paragraphs explain how Customers of the site can download your work and how they can use or review the work.
In addition, these paragraphs describe the rights and responsibilities of the Publisher and of BOOKADYNOW.COM.
1. Grant of Rights and Territory
Publisher grants and assigns to BOOKADYNOW.COM a nonexclusive worldwide right to digitally publish, distribute, market and sell the work supplied by Publisher. Since this is a nonexclusive agreement, Publisher is free to publish, license, market and sell the work elsewhere, subject to the agreements required by other distributors and subject to pertinent laws. BOOKADYNOW.COM does not provide other distribution channels, but recommends the services of its Partners for such purposes.
BOOKADYNOW.COM will publish any work which does not violate our Terms of Service; however, BOOKADYNOW.COM may decline to publish a work for any reason, and no reason for declining the work need be provided. BOOKADYNOW.COM will make every reasonable effort to notify a Publisher of its decision not to publish the work, and may provide suggestions as to how to remedy any issues in order to reverse that decision. In addition, Publisher may unpublish the work from BOOKADYNOW.COM at any time at Publisher’s sole discretion. Publisher may simply log into Publisher’s Account on BOOKADYNOW.COM, select the work to be unpublished and click the “Unpublish” link attached to it. If Publisher is unable to log in for any reason, Publisher may notify BOOKADYNOW.COM via email that the work should be unpublished, and BOOKADYNOW.COM will, upon ascertaining that the email is genuine, unpublish the work within five business days of such notice. Unpublishing a work does not affect the rights of any Customer who has already purchased the work.
Any work which is determined to infringe upon the rights of any other person, group or entity, or which is determined to be defamatory or to violate any laws or any section of this Terms of Service, shall be removed. BOOKADYNOW.COM will make every effort to notify Publisher of such removal. In the event we receive written notice from any party who claims an infringement of rights or defamation by Publisher’s work, or from any authorized representative of such party, BOOKADYNOW.COM will remove the work at its earliest possible convenience, and notify Publisher of such removal. Publisher will then have the opportunity to appeal the removal or remedy the situation, at which time BOOKADYNOW.COM will determine whether or not to restore the work to its website.
Copyright in Publisher’s work shall belong to the Author or the Author’s assigned copyright holder. Author or Publisher is solely responsible for filing copyrights and comply with any other intellectual property law or regulation. It is Publisher’s responsibility to ensure that a copyright notice is placed prominently in the work.
Provided that the work is properly copyright protected, we have received no notice of infringement or other cause for removal and the work is available on BOOKADYNOW.COM’s website for sale, royalties will be paid to Publisher in the following manner:
5.1. Instantaneous Payment
BOOKADYNOW.COM believes that Publishers should benefit from sales of their work as soon as possible, and therefore utilizes technology that will instantly remit Publisher’s Royalty into an on-site Account from which Withdrawals may be requested at any time via PayPal, provided the account holds a minimum of $5 USD. It is therefore necessary for Publisher to have a valid PayPal Account in order to receive Royalty Payments.
While we do require a minimum price of $0.99, Publisher otherwise has sole authority to set the retail price at which the work will be made available on BOOKADYNOW.COM’s website. Royalty Rates are based on the retail price, as explained below. However, Publisher may choose to offer the work for free, either permanently or for a limited time. Work that is offered for free will be prominently displayed in the “Free E-books” Category of the website.
5.3. Royalty Rates
Any e-book, audiobook or other digital merchandise published on BOOKADYNOW.COM’s website will receive a royalty of Seventy-five Percent (75%) of the retail price. In the near future, BOOKADYNOW.COM will offer Print, Audiobook and Audioplay services. Cost for those services, when used by Publisher, will be deducted from Publisher’s Royalty Payments and paid directly and instantly to the providers of those services.
5.4. Promotional and Advance Review Copies
Publisher may provide free Promotional or Advance Review copies of the work at Publisher’s discretion. However, unless the work is publicly available for free, it is not permissible to allow mass downloads of the work from any other website, including websites belonging to Publisher or the Author.
In the event of any chargebacks due to fraudulent purchases, misuse of credit cards or PayPal accounts or any other reason, BOOKADYNOW.COM shall withhold Publisher’s share of any sales until such time as the chargeback has been reimbursed to BOOKADYNOW.COM. Publisher will not be permitted to unpublish a work when royalties are withheld, and Publisher hereby authorizes BOOKADYNOW.COM to withhold such royalties for the purpose of recovering any chargebacks.
5.6. Promotional Rights
BOOKADYNOW.COM will have the right to provide up to one hundred samples of the work in any form, including print or audio format, to reviewers, bloggers and other promotional mediums in order to promote the work and its Author.
5.7. BOOKADYNOW.COM Search Technology
BOOKADYNOW.COM will employ search technology to enable Customers to find particular works or Authors. It is the responsibility of Publisher to ensure that as many keywords as possible are available in the description of the work, particularly those relevant to the Author, main characters and plot situations that may be searched.
5.8. Subsidiary Rights
Unless otherwise agreed individually between BOOKADYNOW.COM and Publisher, BOOKADYNOW.COM owns no subsidiary rights to any work of Publisher, including print editions, audio additions, multimedia or theatrical editions or any other form of publication other than the electronic editions provided. In the near future, however, BOOKADYNOW.COM may offer audio or video production and other services to be determined. At that time, BOOKADYNOW.COM may select certain works and approach Publisher for permission to produce audio or video versions at BOOKADYNOW.COM’s expense, and for a fee to be deducted from royalties on the sales of those versions.
Royalties, as addressed in this Terms of Service, refer to payments made to Publisher by BOOKADYNOW.COM. However, these payments are usually considered high the IRS to be “other income.” For this reason, Publisher is solely responsible for the filing and payment of taxes on royalties paid. BOOKADYNOW.COM will provide monthly statements of royalties electronically online, and will report the total of payments made to Publisher to the IRS each year.
6.1. Sales Tracking
BOOKADYNOW.COM will provide real-time sales tracking for Publisher’s review. Each sale of Publisher’s work will be added to the Sales Tracking Report in Publisher’s account. In this way, Publisher can see all sales, including free downloads authorized by Publisher.
6.2. Tax Withholding
The US Internal Revenue Service requires BOOKADYNOW.COM to collect tax certification from all Publishers and withhold any required taxes. Publisher must submit Form W-9, FormW-8BEN or Form W-8BEN-E before any royalty payments can be processed. US Publishers must provide a valid SSN or EIN and a valid US postal mailing address. No work will be accepted from any Publisher who does not abide a valid tax ID. Foreign Publishers should ascertain whether their home country has a tax treaty in effect with the United States. If there is a tax treaty in effect, Publisher is required to provide a US ITIN/EIN for their foreign tax identification number. Form W-8BEN and Form W-8BEN-E are valid for only three years, and a new form must be provided when they expire.
The warranties and representations expressed in this Agreement apply to the Publisher/Author, and their licensees, heirs, successors and assigns. Uploading any work to BOOKADYNOW.COM that violates these warranties may result in termination of your account and forfeiture of any accrued earnings. When you submit your work to BOOKADYNOW.COM, you warrant that you are the Author or Authorized Publisher or Authorized Agent, and that the work is complete, the named Author is the only author of the work, is the sole owner of the rights you grant to BOOKADYNOW.COM, has not entered into any other agreement which would limit or conflict with the rights you grant to BOOKADYNOW.COM, will not enter into any other such agreement without first removing the work from BOOKADYNOW.COM, has the legal right to enter into this Agreement and to grant to us the rights described herein, and that the work can properly be considered a book or story.
Furthermore, you warrant that the work does not violate any right of privacy, is not libelous and does not violate any personal or other right of any person or entity, that the content does not in any way violate any of your agreements or would disclose any information that you do not have the right to publish, does not plagiarize or pirate the work of anyone else or infringe on any copyright, trademark or other proprietary right, is not injurious to others, is not defamatory to any person or entity, does not violate the public rights of any other person or entity, does not violate any state or federal laws of any country, does not advocate hateful, discriminatory or racist views or actions, does not advocate or condone violence against any person, does not advocate or condone illegal activities, does not use pictures or drawings representing graphic violence upon any person, does not contain pictures or drawings of nude persons of any age, does not contain links to affiliate marketing pages or programs, does not contain get-rich-quick schemes or systems, does not contain advertisements other than for other work of the same nature published by you, does not require the reader to access any external service or resource that requires payment or registration of any kind, is not an incomplete book or story that is only designed to promote the purchase of the complete book elsewhere, does not make false or fraudulent claims or promises in the book or in its description, and is not a new version of a book or story you previously published on BOOKADYNOW.COM. You also warrant that the work is not a public domain work, is not a compilation of articles copied from other sources, will not appear anywhere else on the Internet as being authored by anyone other than the Author or a pen name used on BOOKADYNOW.COM, is not sourced from Private Label Rights materials and rewritten to appear original, and does not contain any language translated by a computer, device or any other means of translation other than a human editor, that the work is not an unfinished work in progress, that it is not a partial or sample of a complete work, is not simply an advertisement for other books or products, that it is complete and self-contained and does not require any other purchase, that it meets a reasonable definition of book or story, that it is a complete story or part of a series that is clearly identified as part of a series.
7.1. Accurate Profile Requirements
When you set up your account at BOOKADYNOW.COM, you agree to provide accurate and truthful information regarding your name, postal address, email address and information required by BOOKADYNOW.COM to satisfy IRS tax compliance requirements. It is your responsibility to keep this information up-to-date and accurate. Failure to do so could result in our inability to disburse payment to you, and possibly cause you to forfeit any earnings due. Knowingly providing false information on your profile and tax status is strictly prohibited. Any attempt to get around IRS rules and regulations will lead to immediate account closure and forfeiture of earnings.
8. Acceptable Content
BOOKADYNOW.COM will except for publication works of fiction and nonfiction in most genres, including but not necessarily limited to:
Humor and Comedy
Women’s Fiction (Chick Lit)
BOOKADYNOW.COM does accept and will publish erotica, so long as the content thereof does not violate any laws, and does not contain images or narrative representations of secually explicit scenes involving minors or incapacitated persons or animals. Submission of such work will result in a closure of Publisher’s account and the work will be removed. Sexual content that can legitimately be considered part of the story is allowed, but complaints received may cause the work to be suspended from publication while it is reviewed.
8.1. Hate-related Content
BOOKADYNOW.COM will not accept or publish any content which, to a reasonable person, would seem to promote hate, prejudice or violence against any person, race, culture, gender, religion or other group of people. Any work found to violate this provision will be immediately removed and the Publisher’s account will be closed.
BOOKADYNOW.COM will not accept or publish any content which could be deemed to contain pornography of any kind. Any images or representations of illegal pornographic content will result in the termination of the Publisher’s account and will be reported to law enforcement authorities.
Customers are BOOKADYNOW.COM members who pay a fee in order to purchase or download a work. Customers may use such work for their own personal enjoyment in any reasonable, noncommercial way, subject to copyright laws and this agreement. Customers are not authorized to sell, license or share any work purchased or downloaded from BOOKADYNOW.COM, including works provided for free.
10. Fees and Services
Customers agree to pay the retail prices set by the Publisher and presented by BOOKADYNOW.COM on sales pages in order to purchase and download a work. All purchases are final and nonrefundable. BOOKADYNOW.COM’s prices and fees are always stated in US dollars. Customers are responsible for paying all fees and taxes that result from use of the BOOKADYNOW.COM website.
BOOKADYNOW.COM Customers who have purchased or downloaded a work from the BOOKADYNOW.COM website will be able to post a review and indicate a star rating for that work. Publishers may encourage reviews, but may not pay for reviews of any kind. In the near future, Customers who have posted reviews will be able to register as BOOKADYNOW.COM Connoisseurs, and Publishers will be able to interact with them and provide free or advance copies in exchange for honest reviews. Both Publishers and Connoisseurs will be held to the highest ethical standards, and any attempt by either party to encourage or suggest payment in return for a favorable review will result in termination of that party’s account.
12. Member Conduct
Members, including both Customers and Publishers, are encouraged to help BOOKADYNOW.COM maintain high standards of conduct in all aspects of the Website, and to report any problems and any violations of laws or policies as they are discovered. Members agree not to upload any work or material that does not conform to our policies, not to use our services if for any reason they are not able to enter into a legally binding agreement or are under eighteen years of age or have been suspended or terminated from the site for previous violations, not to make any attempt to get around our pricing or billing procedures, not to use bots, spiders, human associates or any other attempt to cheat ranking systems, or engage in any kind of spam, unsolicited email marketing, pyramid schemes or other illegal activity involving the BOOKADYNOW.COM website or any work downloaded from it, use BOOKADYNOW.COM review functions for any other purpose other than to leave a legitimate book review such as posting marketing or advertising links or attempting to contact Authors or Publishers, distribute any type of virus, malware, spyware or any other form of technology that may damage the website or the computers or property of BOOKADYNOW.COM Members, attempt to copy, distribute or modify any content of the BOOKADYNOW.COM website including trademarks, logos, copyrights or other intellectual property of BOOKADYNOW.COM, engage in any abusive behavior toward BOOKADYNOW.COM or its employees, Partners or Members, make any threats against BOOKADYNOW.COM or its Partners or Members regarding any kind of legal action or in any way disparage BOOKADYNOW.COM or its Partners or Members in any public forum. BOOKADYNOW.COM reserves the right to make use of any remedy allowable under law, including limiting, suspending or terminating Member Accounts, forfeit earnings, block access to the site, and take technical and legal steps to prohibit users from accessing the site or services of BOOKADYNOW.COM.
13. Proprietary Ownership
You agree that BOOKADYNOW.COM is the sole owner of the BOOKADYNOW.COM website, along with its graphics, text and services, and that the work is solely owned by the Author or Publisher, and that none of these are the property of Customers except for works that have been properly purchased through the website.
BOOKADYNOW.COM and any Member may terminate this agreement at any time without notice. Publishers may unpublish any work at any time. E-books or other works that have been purchased, however, will remain the lawful property of the Customer.
You agree to indemnify and hold BOOKADYNOW.COM and its Partners, licensees, successors and assigns harmless against any expense, including but not limited to reasonable legal fees and court costs, or judgment, settlement or any other liability that arises out of any claim or legal proceeding resulting from inaccuracies or falsifications in any warranty or representation made by you pursuant to this agreement. In the event we receive notice of any claim, demand, action or lawsuit or other legal proceeding claiming that your publication of work on BOOKADYNOW.COM violates or is inconsistent with or contrary to any of the warranties and/or representations made by you by entering into this agreement, BOOKADYNOW.COM has the right to withhold any money due you until such time as the issue is resolved, and to deduct from such monies any costs incurred by BOOKADYNOW.COM as a result of such proceeding. Under no circumstances shall BOOKADYNOW.COM unreasonably exercise this right.
BOOKADYNOW.COM does not employ any type of Digital Rights Management system, nor will it publish works that contain Digital Rights Management processes that limit the ability of the Customer to enjoy the work. BOOKADYNOW.COM cannot entirely prevent piracy or infringement of Publisher’s work, though it encourages Customers to purchase only licensed copies of any work, whether from BOOKADYNOW.COM or any other website or bookseller. By publishing your work on BOOKADYNOW.COM, your entering into a trust agreement with our Customers, that they will only purchase licensed copies of your work. You therefore agreed to hold BOOKADYNOW.COM, its Partners and employees harmless in the event your work is subject to piracy or infringement as a result of its placement on BOOKADYNOW.COM’s website.
14b. Events Voiding Warranty. BOOKADYNOW.COM does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightening, (c) damage caused by unauthorized attachments, modifications or sim-configurations to the BOOKADYNOW.COM Environment, or (e) any other abuse or misuse by Author or the End-Users. Any breach of the End-User License Agreement by or on behalf of an End-User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.
17. Warranty Disclaimer
All works made available on BOOKADYNOW.COM, and all of our services are provided to Members “As Is.” You accept all risk in using BOOKADYNOW.COM and its services. BOOKADYNOW.COM does not warrant or guarantee that its services or products will meet all requirements of Customers or Publishers. BOOKADYNOW.COM therefore disclaims all warranties whether express or implied, and any warranty which BOOKADYNOW.COM may not disclaim shall extend to the minimum applicable under law. In no case will BOOKADYNOW.COM be liable to Publishers, Members or any other party for any incidental, punitive or consequential damages of any kind, nor shall BOOKADYNOW.COM be liable for errors of any kind that result in delays in shipment or product availability, mispricing or errors in product listings.
18. Miscellaneous Terms
The agreement contained in this Terms of Service constitutes the entire agreement between BOOKADYNOW.COM and Members concerning the use and services of the website. This agreement shall be governed by the laws of the state of Arkansas. If any part of this agreement is found to be invalid, the parties agree that this will not in any way affect the validity of the remaining parts of the agreement. Members are not agents, partners or in any way involved in a joint venture with BOOKADYNOW.COM for any purpose. Jurisdiction for any matters to be resolved under this agreement shall be in Boone County, Arkansas, and the parties to this agreement agree to that jurisdiction. In any action or legal proceeding concerning this agreement, the prevailing party shall have the right to recover reasonable legal fees and costs.
By using BOOKADYNOW.COM’s website or services, you acknowledge that you have read, understood and agree to the terms of this agreement and will be bound by its terms and conditions.
IN WITNESS WHEREOF, the parties hereby execute this agreement as of the date the Member first approved agreement to these Terms of Service.