PUBLITORY TERMS OF SERVICE
last update: 21st August 2015
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“Terms”) CAREFULLY before using the website http://www.publitory.com (“The Service”) operated by Publitory Ltd., 45/1 Triq L-Isqof F.S.Caruana Msida MSD1412 Malta (“us”, “we”, “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms, apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then do not access and do not use the Service.
Visitors of the Service are required to register as members in order to purchase or download ebooks, to use the ebook conversion authoring and editing tools, to create a profile, to communicate and collaborate with other members and to publish their own books in ebook formats.
Currently, we register members using “Google+ Sign-in” or “Facebook Login” services (“third party login services”). If you do not already have one, you need to open a valid Google+ or Facebook account in order to register as a member with us. Other third party login services may be made available in the future. We only record the basic profile information and email address provided by the third party login service to register members. In addition to the basic profile and contact information, the user, at it's sole discretion, may or may not allow the third party login service to provide a selected list of contacts to Publitory for future use. This information will exclusively be used within the member's self-publishing and related activities and that, with prior notice and subsequently upon direct authorization from the member.
We also require additional information to be provided by the member during registration. These include specialization areas and roles which may be undertaken to support other members in addition to other information as required. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to terminate any membership which does not comply with the above conditions.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties like banks and payment system service providers for purposes of facilitating the completion of Purchases. We do not record or store such information. We only forward this information for transaction purposes.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We provide a limited edition of every ebook on sale for prospective buyers to preview (see Publishing and Unpublishing). Moreover, every delivered copy is customized and uniquely watermarked bearing information of the end-user ordering the product (see Copy Protection). Upon acceptance and execution of your order, delivery of the purchased product will be provided with an immediate access to a download link of the final customized product. Once downloaded, an ebook file cannot be returned or reimbursed. You hereby agree that you have been presented with adequate information to make an informed decision and that you waive cancellation rights of the customized ebook copy you have purchased. In case the downloaded file turns out to be unusable due to any sort of damage, we warrant the provision of a usable copy. In such a case, please contact moc.yrotilbup|troppus#moc.yrotilbup|troppus.
Free downloads are licensed under the Creative Commons Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) License. You are not authorized to make any changes on the file and you agree to provide reference to both the author as the legal copyright holder and publitory.com as the website where the file was created in case you distribute the file further.
3. Availability, Errors and Inaccuracies
Offerings of products and services on the Service are provided by the self-publisher members themselves and are subject to frequent updates. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The digital files of your ebook are the products of your actions, either uploaded form one of your previous digital files or edited on Publitory by yourself. We bare no responsibility as to the final quality of your ebook.
When you collaborate with peer members, you grant them access to your ebook files for editing purposes. You may also, in case of need, wish to grant access to our support staff for editing purposes. Whichever the case, you bare the responsibility for the quality of the final product. You cannot hold Publitory staff or collaborating peer members responsible for any defect, content or undesired appearance of your book.
Please report any issues to moc.yrotilbup|troppus#moc.yrotilbup|troppus.
4. Grant and Territory of Publications and Content
Our Service allows you to upload, author, edit, make category, audience and other metadata definitions and finally publish your own ebooks for sharing or for sale (“Publications”). Our service also allows you to post comments, link, store and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Publications and Content that you post to the Service, including its legality, reliability, and appropriateness.
By publishing your ebooks, you hereby grant and assign us the non-exclusive worldwide right to digitally publish, distribute, market and sell (“Publish”), and to license others to do so, the work identified on the front page and the metadata sections of your Publication. The grant being non-exclusive, you are free to Publish, license, market and sell your work elsewhere so long as you are not violating someone else’s agreement or violating any laws.
You also grant us the right to register the full-text content of your Publication to search engines and crawlers so as to drive relevant traffic to and increase the reach of your Publication via (a) general Search Engine Optimization services (b) crawlable, promotional hypertext links or (c) arrangements with third parties which make searchable certain sample portions of the Work.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Publications and Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the publishing of your Publications and posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
5. Digital Conversion and Editing
You are free to use the digital conversion and editor tools in our Service to convert your files with .doc and .odt extensions to epub format, author, edit ebook files, keep them in your account with us or download the edited ebook files to your computer for your sole use and discretion as long as you do not violate copyrights or any other rights protected by law.
You agree to indemnify us against any and all charges which might arise from your violation of rights caused by your misuse of the Service (see Indemnification). We reserve the right to use our Service to display to you relevant advertising material in return to your free use of our editing and conversion features.
6. Publishing and Unpublishing
To Publish your ebook, you may: a) upload an epub file as is, in which case you only need to provide additional metadata information; b) upload a valid document file with .doc or Open Office .odt extension for conversion to epub format, or c) initiate a new project and author your book from the beginning on the Service's editor interfaces. We cannot guarantee actual preservation of the original work as our editing and conversion algorithms are limited in their capacity and under constant development for better performance.
Before you Publish your ebook for sale, it is required that you specify it's price exclusive of value added and other indirect taxes, in the European Currency Unit (Euro). In order to publish your ebook as a freely downloadable Publication, you can simply declare a price of 0 (zero) euros. In this case, the Publication will be distributed under the Creative Commons Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) License allowing user's to download it freely and distribute it as is for non-commercial purposes without being allowed to make any changes (See Creative Commons license).
Every Publication in our Service, is required to have a partial preview to be made available for prospective end-users to read freely. You hereby agree to allow a partial preview of your book up to one third of the content to be made available for free reading on our Service.
By publishing your ebook with us you also grant us the right to list it in our distribution catalogue and the right to supply it to our retail partners for sale in all territories.
In case your content is inappropriate for age groups under 18, it is your responsibility to enable the "18+" checkbox in the meta-data section. You hereby agree to bear all responsibility, direct and indirect damages and losses in face of any legal charges upon your failing to do so. There are several restrictions for ebooks marked as 18+, such that a) they are filtered in the store unless the "18+" checkbox is enabled to list all books inclusive of adult content books b) they cannot be previewed by all users but only by users who have made at least one purchase, hence have proven to have a valid means of payment accessible to adults. Failing to classify your book as having adult content, may result in the removal of your book from publishing. You hereby grant us authority to make all necessary classifications for your book or removing your book altogether from store without prior notice for purposes of filtering and children's protection.
We reserve the right to decide not to Publish or to remove your Publication from our store and/or distribution listing with no obligation to provide any reason whatsoever and without this being restricted to cases of legal violations or infringements of these Terms or the law. We may or may not provide means and remedies to alter the status of the related Publication. In such a case the Publication will only be removed from public access but will still be accessible and editable for you in your account.
You can unpublish your Publication any time by selecting the appropriate menu options in the edit mode of your published ebooks. When you “unpublish” a Publication, it is removed from our store and put back to your account for further editing or deletion. However, it cannot be immediately removed from the retailers to which it has been distributed. You may want to update your Publication and re-publish it or alternatively unpublish it on all distribution channels as well as from us. If your intention is to remove the Publication from all retail channels, you should notify us accordingly by selecting respective options in the unpublish menu. Otherwise, your Publication shall continue to be sold on our partner retail channels. Unpublishing is immediate in our store but may take up to several weeks until all retail channels have updated their lists so as to remove your Publication from sale.
7. Pricing, Sales, Royalties and Payments
We cannot and do not guarantee success in the sales of your Publication. Commercial success of any book depends on a combination of many factors some attributable to the content, others to commercial factors like the price of the book and marketing efforts in online or offline environments. We may provide mailing, advertising tools, review and feedback from peers as well as detailed information on the sales performance by audience specifics. It is your responsibility to make utmost use of available marketing facilities, set the conditions and successfully market your Publication.
So long as the proper copyright protection subsists in the Publication, no infringement notices have been filed, and revenues directly attributable to the Publication are being collected by us, you and/or your representative shall be entitled to Royalties as follows.
You as the author or legal representative must set a price for each of your Publications for sale (“The Price”). We cannot and do not interfere with the pricing of your Publications. The Price must be set exclusive of value added tax or any other indirect charges which might change from one country to the other. From 2015 onwards, according to the EU VAT directives, VAT rates will be applied depending on the location of the buyer. This means that the price you set will have a different VAT charge rate for every EU country. We are bound with the Maltese and EU tax legislation and will be altering prices inclusive VAT accordingly, depending on where the buyer is located.
The “Net Proceeds” of sales is defined to be the amount left over after the deduction of value added and indirect taxes, payment processing fees, affiliate fees, retailer discounts, costs due to erroneous or fraudulent transactions, credit card charge-backs and associated fees from the gross proceeds of sales proceeds inclusive of VAT.
We operate with a variety of payment gateways and each have different charging methods. Payment gateways usually charge a fixed amount in the range of 10-30 Euro cents per transaction and a variable charge in the range of 2-3% per transaction. Therefore, the overall percentage of transaction costs will depend on the price set. For lower prices, the transaction cost will bare a higher percentage cost whereas for higher prices this rate will fall. Obviously for each transaction the cost will also depend on which payment gateway the buyer decides to choose. Due to these variable conditions, we cannot provide you with an exact estimate of transaction costs until they are realized.
Your royalty for your Publications is defined to be 85% of Net Proceeds for direct sales originating from our website store.
Our retail partners usually charge in the range of 30% on sales from our distribution catalogue.
Your royalty for your Publications is defined to be 90% of Net Proceeds for sales through our retail partners.
We will make sales reports with all incurred costs, net proceeds and royalty accrual available under your account.
You are required to provide at least a valid bank account with IBAN number or alternatively a payment gateway account to which our partner payment gateways can transfer your accumulated royalty funds. Royalty payments are processed at the beginning of every month provided the accumulated amount exceeds 100.- EUR. In case your receivable does not exceed the payment threshold, the payment is postponed to the next payment period.
In case your payment is to be done to your payment gateway account (like PayPal), then the threshold for payments is 50.- EUR.
Payment transaction charges vary depending on the payment method you have provided as chosen. All respective transaction charges shall be deducted from your transfer amount. Hereby you agree to endorse the charges incurred from the transfer of your funds to your respective account.
As the copyright holder, you accept all responsibility of direct and indirect tax liabilities emerging from your royalties payments and copyright income within your jurisdiction. We cannot be held responsible to endorse your tax liabilities against the tax authorities of your country of residence, outside of our jurisdiction.
There is no withholding tax charged to copyright payments in Malta. However, we reserve the right to change any payment policy in line with changes of tax legislation within our jurisdiction. Any prospective changes will be duely notified to you.
8. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that a Publication or Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
We reserve the right to immediately remove any Publication or any or all information about any member upon claims of infringement in the form of a written notice from the infringed party or their claimed legal representatives.
In case you believe that a third party is violating the copyright of any of your Publications you have self-published on our Service, you should immediately inform us. We may provide any information available pertinent to your Publication on our System if that would be relevant to your case. However, any legal action to seek remedy against the offending party is solely your responsibility. If the offending party is a member of our System we shall act according to the previous paragraph.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of moc.yrotilbup|lagel#moc.yrotilbup|lagel and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
The copyright of your Publication shall belong to you, or the party that you cite as the copyright holder. You shall be solely responsible for filing its copyrights and any other intellectual property (if applicable) with the appropriate governmental body. It is your responsibility to control the copyright notice automatically added by our publishing procedure on the initial page of the Publication and if not appropriate, add the correct notice.
9. Copy Protection
We favour a social digital rights management (“DRM”) policy, which entails watermarking of every purchased ebook with open and hidden information of the buying member embedded in the customized issue to achieve higher versatility for your Publications, compared to hard encoding of the ebook restricting the usage to a single device. We believe watermarking to be both more user friendly and also more deterrent since the violator can never be sure of having removed all watermarks in the illegal copy.
Neither cryptographic encoding nor watermarking provide absolute protection against illegal copying and violation of rights. We cannot and do not guarantee definitive copy protection and cannot be held accountable for cases of illegal copying. We can however attempt to recover the hidden watermarks of the offending user upon request. Please contact moc.yrotilbup|lagel#moc.yrotilbup|lagel for reports of illegal copies.
The above conditions hold for copies sold from our store. All files in our distribution catalogue are delivered to our retail partners via electronic transfer in their original format. Our distribution retail partners are bound by contract to apply either one of watermarking or encoding DRM solution to protect the sold publications against illegal copying.
You hereby declare that you understand and consent to our copy protection policy.
10. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Publitory Ltd.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Publitory Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to defend, indemnify and hold harmless Publitory Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
13. Limitation Of Liability
In no event shall Publitory Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. Warranty Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Publitory Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of Malta, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
18. Contact Us
If you have any questions about these Terms, please contact us at moc.yrotilbup|lagel#moc.yrotilbup|lagel .
45/1 Triq L-Isqof F.S.Caruana