You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you’re given the option to do so or (b) by using eBooksAreForever.com, or any part of it. If you don’t accept the terms, you are not entitled to use the service. If the Publisher is an entity, the individual person who accepts this Agreement for the Publisher represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of Publisher and to bind Publisher to the terms of this Agreement.
eBooksAreForever reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms at any time as set out herein. These Terms (except rights and fees terms) may be changed unilaterally by eBooksAreForever from time to time by posting such changes on our website, and such changes shall become effective once you use eBooksAreForever.com following such posting (which use shall be deemed conclusively to indicate acceptance of such changes). Changes to those sections of these Terms relating to rights and fees will be effective and binding on you either 30 days after posting or on the date you (a) expressly accept the changed Terms or (b) make additional Works available to eBooksAreForever.
You always have the right to withdraw your works and cease any future participation and sales in eBooksAreForever if the terms are not acceptable to you.
In order to participate in eBooksAreForever, you must be at least 18 years old or the legal age of majority in your place of residence and have an active and valid eBooksAreForever account. A parent or legal guardian of a minor can open an eBooksAreForever account and act as Publisher of the minor’s Works.
We encourage you to use strong passwords with your account. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use eBooksAreForever through your account and will not use the account of any third party. You agree to immediately notify eBooksAreForever of any unauthorized use of your username, password or account.
You authorize eBooksAreForever all necessary rights and license to distribute, transmit electronically and sell your Works that have been converted to eBook format by you or by us to Users through the online service offered by eBooksAreForever that provides Users with access to discover, read and purchase eBooks through multiple interfaces including our website, mobile applications, dedicated ereading devices, web applications or “widgets”, and any other eBooksAreForever or BookLoco applications.
We reserve the right and are entitled to determine what content we accept and distribute through the eBooksAreForever in our sole discretion. If we request that you provide additional information relating to your eBooks, such as information confirming that you have all rights required to permit our distribution of the eBooks, you must provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate.
You may withdraw your eBooks from further sale on eBooksAreForever at any time with ten (10) days advanced written notice. We will cease selling or otherwise distributing your Works, provided that we may maintain copies of the Works solely to permit any authorized access by any User who has purchased a copy of the Works prior to termination. We may fulfill any customer orders completed through the date the eBooks are available for sale.
eBooksAreForever expressly acknowledges that you own or are licensor to all right, title and interest in and to the Works. All rights in the Works not expressly granted hereunder are reserved by Publisher. Publisher acknowledges that eBooksAreForever owns all right, title and interest in and to eBooksAreForever.com, as well as any additional properties, intellectual property, processes, business names, trade names, registered and unregistered trade-marks and service marks, patents, copyrights, copyright registrations, writings and other copyrightable works of authorship, including computer programs, databases and documentation therefore, and proprietary and non-public business information including trade secrets, know-how, inventions, discoveries, improvements, concepts, ideas, methods, processes, designs, formulae, technical data, drawings, specifications, research and development information and other proprietary and non-public information.
The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this Agreement and your access to your eBooksAreForever account at any time. We will notify you upon termination. You are entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your eBooks within ten (10) days from the date you provide us written notice of termination. We may also suspend your account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, we may fulfill any customer orders for your eBooks pending as of the date of termination or suspension, and we may continue to maintain digital copies of your eBooks in order to provide continuing access to or re-downloads of your eBooks or otherwise support customers who have purchased an eBook prior to termination or suspension.
eBooksAreForever will set the Suggested Retail Price for all eBooks at a minimum of $3.99 USD (for shorter works), and a maximum of $7.99 USD (for full-length works), which shall be exclusive of any value-added, goods and services, sales or similar taxes (“Taxes”). eBooksAreForever shall pay the Publisher 70% of the set retail price for each of Publisher’s eBooks sold. eBooksAreForever shall, in its sole discretion, set the any additional pricing for each Publisher eBook and may also display or add any Taxes to the cost of a sale as separate items.
Each Party shall pay on behalf of itself, in addition to any other amounts payable under these Terms, any sales, use, excise, value-added, services, consumption, personal property, gross receipts or any other similar taxes that may be levied or imposed by any taxing jurisdiction upon such Party by reason of the transactions contemplated under these Terms, including Taxes.
Provided Publisher is not in breach of its obligations under these Terms, for each of your eBooks sold, eBooksAreForever will pay you the applicable amounts. eBooksAreForever will make payment to Publisher via Paypal and provide associated sales reporting on a monthly basis, with all payments and reports to be made within thirty (30) days following the end of the applicable month. eBooksAreForever reserves the rights to accrue and withhold payments until the total amount due is $100. You are responsible for reviewing all sales reports relating to your Works. If you identify any errors or omissions in such reports, eBooksAreForever shall not be obligated to correct any such errors or omissions, or any resulting shortfalls, unless you provide written notice of such errors or omissions within six (6) months of receipt of the subject reports.
Under the current iteration of eBooksAreForever, you agree to create a payment acceptance account on PayPal.com.
You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee’s delivery of any content, you will have obtained all rights that are necessary for the exercise the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all eBooks delivered through eBooksAreForever comply with the technical delivery specifications provided by us; and (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any eBook or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable under this Agreement. To the fullest extent permitted by applicable law, you will indemnify, defend and hold eBooksAreForever and BookLoco LLC, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.
EBOOKSAREFOREVER IS PROVIDED “AS IS” AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES CONTEMPLATED BY THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. EBOOKSAREFOREVER MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, WITH RESPECT TO THE ADEQUACY OF THE SERVICE, THE CONTENT OR THE EBOOKSAREFOREVER.COM WEBSITE FOR ANY PARTICULAR PURPOSE OR WITH RESPECT TO ITS ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. YOU ACKNOWLEDGE AND AGREE THAT EBOOKSAREFOREVER CANNOT ENSURE THAT YOUR WORKS WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT USERS WILL COMPLY WITH ANY OF OUR CONTENT USAGE RULES. WE WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM.
EBOOKSAREFOVER, ITS AFFILIATES, AND PARENT COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, DATA OR LOSS OF PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EVEN IF EBOOKSAREFOREVER IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; AND EBOOKSAREFOREVER AND ITS AFFILIATE’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY EBOOKSAREFOREVER TO PUBLISHER HEREUNDER FOR THE TWELVE MONTH PERIOD PRECEDING ANY CLAIM.
eBooksAreForever will not be liable to Publisher for any failure or delay in the performance of its obligations hereunder caused by any event or circumstances beyond our control.
You will not, without our express, prior written permission: (a) issue any press release or make any other public disclosures regarding this Agreement or its terms; (b) disclose Confidential Information to any third party or to any employee other than an employee who needs to know the information; or (c) use the Confidential Information for any purpose other than the performance of this Agreement. You may however disclose Confidential Information as required to comply with applicable law, provided you: (i) give us prior written notice sufficient to allow us to seek a protective order or other appropriate remedy; (ii) disclose only that Confidential Information as is required by applicable law; and (iii) use reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed. “Confidential Information” means (1) any information regarding eBooksAreForever, its parent company, its affiliates, and their businesses, including, without limitation, information relating to our technology, customers, business plans, promotional and marketing activities, finances and other business affairs, (2) the nature, content and existence of any communications between you and us. Confidential Information does not include information that (A) is or becomes publicly available without breach of this Agreement, (B) you can show by documentation to have been known to you at the time you receive it from us, (C) you receive from a third party who did not acquire or disclose such information by a wrongful or tortious act, or (D) you can show by documentation that you have independently developed without reference to any Confidential Information. Without limiting the survivability of any other provision of this Agreement, this Section 7 will survive one (1) year following the termination of this Agreement.
All notices required under these Terms or other communications required or permitted under these Terms shall be done through the email communicated to eBooksAreForever and via notification within user login to the website. If you want to send us a notice, please use the following email: support@eBooksAreForever.com. Any dispute or claim relating in any way to this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies.
This Agreement may not be amended, except in writing signed by both parties or as provided in Section 1.2 above. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party’s rights to subsequently enforce the provision.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies. You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by an eBooksAreForever party, via email, via a posting on the eBooksAreForever.com website or via a message through your account, or (ii) if by you to BookLoco, LLC via email to support@eBooksAreForever.com. Notices will be effective and deemed received on the date transmitted or posted.