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Royalties.
A Royalty of Fifty percent (50%) of the purchase price for your work will be paid to you, less the amount of discounts, refunds, bad debts, surcharges or additional credit card processing charges.
Currency
All amounts are in United States currency.
Royalty Payment
You must have sold at least $25 to receive a royalty payment. Sales continue to accrue, until you receive $25 in royalties and at the next pay period you will be issued a royalty payment.
Royalty Payment Dates
Royalties will be paid approximately (30) days following the end of the quarter during which sales of you work occur. The annual quarter will end on the last day of March for the first quarter, the last day of June for the second quarter, the last day September for the third quarter and the last day December for the fourth quarter, of each year.
Refund Policy
We do not provide returns or refunds of purchases.
Electronic Funds Transfer
All payments made by Electronic Funds Transfer will be via Electronic Funds Transfer (“EFT”) payments. You will not be permitted to receive payment without providing a valid bank account number to receive EFT payments.
Payment by Cheque
All payments made by cheque will be made to the address provided by you. You are responsible for updating your personal information and address changes.
Account Payment Records
We will provide your account status regarding sales of your work and corresponding royalties through the website. Records will not be made available in any other form.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
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Rights and Content
Ownership. Subject to the rights granted to us hereunder, as between readerjack.com and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your work.
Works. This Agreement covers content files (a “work”) that you submit to us. The readerjack.com website allows customers to purchase your work in the form of digital files that customers can download and access online.
Marketing and Promotion. You agree that we may market and promote your work by making portions of your work available to prospective customers without charge, and permitting prospective customers to see excerpts of the work in response to search queries.
Pricing and Program Terms. You have sole and complete discretion and responsibility to set, monitor, and correct the retail price for your work.
Taxes. Readerjack.com is responsible for collecting and remitting any and all taxes imposed on our sale of works to customers. Readerjack.com maintains the right to deduct applicable taxes.
Copyright. readerjack.com and all content provided on the Website is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and /or licensed by the Author's or submitters of the works.
Nothing contained on readerjack.com should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any Author's or submitter's works, in whole or in part except for the sole purpose to download and read the work by the user of the Website.
Lawful Use. Works from readerjack.com are for your personal, non-commercial home use only. You agree to abide by all copyright notices, information and restrictions contained in any content on the readerjack.com site and any content accessed through the readjack.com website. You will use the readerjack.com Website and any content, material, or information to be found on the Website solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through readerjack.com any material or information of any kind that violates any law or infringes or violates any rights of any other person or entity. You will be solely responsible for the content of any material or information that you make available through the readerjack.com Website.
Product and Pricing. Products and Services may be purchased while supplies last. If a Product or Service is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product or Service, whether or not the order has been confirmed and even if your account has been charged. We do not represent or warrant that the description of the items offered for sale on the Website are accurate or complete. Use of any Product or Service offered through this Website is at your sole risk and we accept no responsibility of any kind.
Content. We have no obligation to, and do not and cannot review, every item of material or information that you and users other than yourself make available through the Website, and we are not responsible for any of this material or information. However, we reserve the right to monitor, delete and/or refuse to transmit, move or edit any material or information, in whole or in part, without notice to you, that we deem in our sole discretion, unacceptable, undesirable or in distribute any and all material and information submitted by you to the readerjack.com Website. All funds owing to you will be deemed penalty and forfeited to us should in our sole discretion you have breached the Terms and Conditions of the site. Copyright infringement, pornography, hate, or libellous materials are not permitted.
Electronic Communication. You consent to receive electronic communications from us, whether addressed to the e-mail address provided with your order or posted on the Site.
Rights Granted. You hereby grant to us, a nonexclusive, irrevocable, worldwide right and license to distribute your work as described herein, such right to include, without limitation, the right to: (a) reproduce and store the work on our computer facilities, and reformat, convert and encode the work; (b) display, market, transmit, distribute, and otherwise digitally make available all or any portion of the work through readerjack.com or Readerjack Inc. for customers and prospective customers to download, access, copy and paste, print, annotate and/or view; (c) permit customers to “store” the work that they have purchased from us and to re-download the works; (d) display and distribute your trademarks and logos in the form you provide to us as part of the submission of your work and (ii) portions of your work for marketing, soliciting and selling works and promoting the website.
Remedy. Any such action or proceeding shall be limited to a determination of the amount of monies, if any, payable by readerjack.com to you for the accounting periods in question, and your sole remedy shall be the recovery of those monies without interest.
Term and Termination. It is agreed that readerjack.com will host the work for the period purchased from the date it is first published on the website. The Terms & Conditions will remain in effect unless and until terminated by either party in accordance with this Section. Readerjack.com shall have the right, in its sole discretion, without notice and at any time to terminate this Agreement without cause. All rights to your work acquired by customers prior to termination shall survive termination, and readerjack.com shall be entitled to retain archival copies of the work after termination in order to provide re-downloads to customers who have purchase the work prior to termination.
Clearances. With respect to all work you shall obtain and pay for any and all necessary clearances and licenses for the work to permit our exercise of the rights granted hereunder without any further obligation by us, including, without limitation, all royalties and other income due to any copyright owner. Readerjack.com is not responsible for any payments to any others, except you for the sale of the work on the website.
ISBN & Copyright. Readerjack.com will provide its best efforts to provide ISBN numbers for each work. As ISBN numbers are generated by a third party, readerjack.com has no control over ISBN numbers and is under no obligation to provide such numbers, or to copyright any work or to submit the work to Archives Canada or any other agency. It is the responsibility of the Author or submitter to copyright their work.
Disclaimer of Warranties & Limitation of Liability
Limitation of Liability. WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THESE TERMS & CONDITONS, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT SHALL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY READERJACK.COM UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT READERJACK.COM CANNOT ENSURE THAT TITLES SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT SUBSCRIBERS WILL COMPLY WITH ANY CONTENT USAGE RULES READERJACK.COM MAY MAKE APPLICABLE IN CONNECTION WITH USE OF YOUR WORK, AND READERJACK.COM WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY SUCH CONTENT USAGE RULES.
Intended Use.The information contained on readerjack.com Website is for information purposes only and is not intended to meet particular user's need. Documents provided on the Websites are provided as a service only and do not constitute official versions of such documents. All content, material, information or posting found on or accessed through the Website are provided on an " as is " basis. readerjack.com and its Websites and its affiliates and related companies, and each of their respective Directors, Officers, employees, consultants and agents expressly disclaim and all representations, warranties and conditions, expressed and implied including and without limitation any and all representations and warranties of title and non-infringement, and all warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the Websites or the content contained in or accessed through the Websites. The website and the company and each of its directors, officers, employees, consultants and agents do not make any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the Websites or the content contained in or accessed through the Websites. Including but not limited to the contents of any content, information, material, or posting found on the Websites, any services provided through the Website or any links to other sites made available on the Website or the content contained on such site(s), or as the continuous or error free us and operation of the Internet or the Website(s). There are no warranties or representations that the Website(s) or access to the Website(s) and use of Websites(s) will be uninterrupted, error free, or free from defect, viruses or other harmful. You expressly agree that the use of readerjack.com and the information from the site is at your sole risk.
Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall readerjack.com or its affiliates and related companies and each of their respective directors, officers, employees, consultants or agents be liable for any direct, indirect, incidental, special or consequential damages or causes of damages or any loss that result from the use of, or the inability to use, any content, information, material, or postings on the Websites, directly or indirectly, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither readerjack.com nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants or agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
Indemnification
Representations, Warranties and Indemnities.You represent and warrant that: (i) that you are a corporation or other entity or a sole proprietorship or person and that the information provided is accurate; (ii) that you have the full right, power and authority to enter into and fully perform and shall comply with the terms of these Terms & Conditions; (iii) prior to providing any work to the website, you shall have obtained all rights that are necessary for readerjack.com or its affiliates to exercise the rights granted hereunder; (iv) neither the exercise of the rights authorized hereunder nor any materials embodied in the content nor its sale or distribution as authorized herein 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; (v) that you will ensure that all work delivered to readerjack.com hereunder comply with the technical delivery specifications provided by us; and (vi) that you shall be solely responsible for accounting and paying any co-owners or co-administrators of any work, in any form whatsoever, or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable by readerjack.com. You shall indemnify, defend and hold readerjack.com and Readerjack Inc., its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable legal fees) that arises from any breach of your representations or warranties set forth herein. We shall be entitled, at our expense, to participate in the defence and settlement of the claim or action with counsel of our own choosing and to pass on any of these expenses to you.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless readerjack.com, its affiliates and related companies and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability and expenses, including all legal fees and costs arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the Websites, the content contained in the Websites and the placement or transmission of any information or other materials on the Websites made by you or others using your account. You agree to promptly notify readerjack.com immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
Recourse. If you are dissatisfied with the Websites or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using readerjack.com. The Terms and Conditions shall survive any such termination.
Miscellaneous Terms. Any dispute arising hereunder shall be governed exclusively by the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of Quebec and/or the Courts of Canada, or any other judicial district or jurisdiction as writerjack.com or readerjack.com may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the Website constitute the entire agreement between readerjack.com and you with respect to your use of the Websites. Notwithstanding the foregoing, any products or services which you purchase through the Websites shall be subject to all terms and conditions relating to such purchases provided to you from time to time including, without limitation, all terms and conditions posted on the Websites and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased. No waiver by readerjack.com or you of any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent a breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that the Terms and conditions and all documents relating thereto be drawn up in English.
Miscellaneous. This Agreement may not be amended, except in writing signed by both parties. In the event that any provision of these terms & Conditions is held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall 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 shall remain in full force and effect. The parties to this Agreement are independent contractors. Each party shall bear its own costs and expenses in performing this Agreement. Readerjack.com will send all notices and other communications to you at the e-mail address or the mailing address that you provide in connection with your Application. You must send all notices and other communication relating to this Agreement to readerjack.com in accordance with the instructions available to; http://publisher@readerjack.com . Neither party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other, except that (i) readerjack.com may assign any of its rights and obligations under this Agreement without consent and (ii) you may assign all of you rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of the assets of a work. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. These Terms & conditions constitutes the entire agreement between the Parties with respect to the subject matter hereof, supersedes any and all prior or contemporaneous agreements between the parties with respect to the subject matter hereof and does not confer upon any other person other than the parties any rights or remedies hereunder.
The Terms and Conditions may change from time to time and it is recommended that you review the Terms and Conditions regularly. No notice of changes to the Terms and Conditions will be issued.
This document date February 25, 2009 supersedes all other Terms and Conditions documents.
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